Crickitt v R [2018] NSWCCA 240

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Crickitt v R [2018] NSWCCA 240 Hearing dates: 29 August 2018 Decision date: 26 October 2018 Before: Bathurst CJ R A Hulme J Davies J Decision: 1. Leave to appeal against conviction granted. 2. Appeal dismissed. Catchwords: CRIME – murder – conviction appeal – whether verdict unreasonable – whether direct evidence establishing cause of death necessary to prove that alleged cause of death in fact caused death of deceased – deceased allegedly injected by accused with dose of insulin – not fatal to prosecution that there was no direct evidence that death occurred as result of administration of insulin – well open to trial judge to infer that applicant caused death of deceased – whether trial judge erred by not directing himself regarding applicant's loss of forensic opportunity – issue for trial judge was whether elements of Crown's circumstantial case were capable of proving offence beyond reasonable doubt – no occasion for judge to give himself a warning Legislation Cited: Criminal Appeal Act 1912 (NSW) ss 5(1)(b), 6(1) Criminal Procedure Act 1986 (NSW) s 133 Evidence Act 1995 (NSW) s 38 Cases Cited: Bell v R [2017] NSWCCA 207 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Mahmood v The State of Western Australia (2008) 232 CLR 397; [2008] HCA 1 Morris v The Queen (1987) 163 CLR 454; [1987] HCA 50 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 R v Crickitt (No 2) [2017] NSWSC 542 R v Crickitt [2016] NSWSC 1738 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Category: Principal judgment Parties: Brian Kenneth Crickitt (Applicant) Regina (Respondent) Representation: Counsel: Mr G Wendler (Applicant) Ms M England (Respondent)