R v Droudis (No. 14) [2016] NSWSC 1550

Supreme Court New South Wales

Medium Neutral Citation: R v Droudis (No. 14) [2016] NSWSC 1550 Hearing dates: 22 August 2016 to 5 October 2016 Date of orders: 03 November 2016 Decision date: 03 November 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. The court finds the Accused guilty of murder. 2. The Accused is convicted of murder. Catchwords: CRIMINAL LAW – murder - Judge-alone trial - Accused charged with murder of former wife of Man Haron Monis in April 2013 - victim attacked in stairwell of apartment block and stabbed 18 times before being set on fire by attacker - Accused in close relationship with Monis at the time of killing - Crown case that Accused murdered victim at behest of Monis - Monis wished to obtain custody of two sons from his marriage to victim - Crown has proved beyond reasonable doubt that Monis planned murder and put it into effect - Monis contrived to give himself watertight alibi - Crown has proved beyond reasonable doubt that killer was a woman - circumstantial case against Accused - Accused relies on alibi - whether Crown has proved beyond reasonable doubt that Accused was killer - evidence of alibi witnesses rejected - unusual relationship between Accused and Monis - Accused displayed tendency to act in different ways to please Monis and espouse his views - Monis and Accused seeking in April 2013 to set up family unit including Monis' sons and Accused's daughter - Accused had motive, means and opportunity to murder victim - eye witness to killing described person of similar appearance and size as Accused - female killer wearing a hijab at time of attack - hypothesis excluded that murder was paid killing by bikie gang - hypotheses excluded that murder carried out by another female associate of Monis - found that only rational inference was that Accused committed murder - finding beyond reasonable doubt that Accused committed murder - verdict of guilty of murder Legislation Cited: Children (Criminal Proceedings) Act 1987 Court Suppression and Non-publication Orders Act 2010 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Forensic Procedures) Act 2000 Criminal Procedure Act 1986 Evidence Act 1995 Criminal Code 1995 (Cth) Cases Cited: Alexander v The Queen [1981] HCA 17; 145 CLR 395 Bulejcik v The Queen [1996] HCA 50; 185 CLR 375 El Hassan v R [2007] NSWCCA 148 Festa v The Queen [2001] HCA 72; 208 CLR 593 Filippou v The Queen [2015] HCA 29; 256 CLR 47 Lane v R [2013] NSWCCA 317; 241 A Crim R 321 R v Droudis (No. 3) [2016] NSWSC 1553 R v Droudis (No. 4) [2016] NSWSC 1150 R v Droudis (No. 5) [2016] NSWSC 1211 R v Droudis (No. 6) [2016] NSWSC 1263 R v Droudis (No. 7) [2016] NSWSC 1274 R v Droudis (No. 11) [2016] NSWSC 1319 R v Droudis (No. 12) [2016] NSWSC 1330 R v Droudis (No. 13) [2016] NSWSC 1350 R v Simmons (No. 7) [2015] NSWSC 574 Shepherd v The Queen [1990] HCA 56; 170 CLR 573 The Queen v Hillier [2007] HCA 13; 228 CLR 618 The Queen v Baden-Clay [2016] HCA 35; 90 ALJR 1013 Texts Cited: --- Category: Principal judgment Parties: Regina (Crown) Amirah Droudis (Accused) Representation: Counsel: Mr M Tedeschi QC; Mr DT Scully (Crown) Mr MJ Ierace SC; Mr RJ Wilson (Accused)