Case & Comment - Ritter
(1996) 20(4) Criminal Law Journal 217-219
3 Pages Posted: 19 Sep 2014
Date Written: July 19, 1996
Abstract
Appeal against conviction for murder to NSW Court of Criminal Appeal (31 August 1995). The pregnant deceased died from deep and penetrating stab wound to the neck which the appellant asserted was self inflicted as a gesture to show how much the deceased loved him. The primary ground of appeal against the conviction for murder was procedural unfairness because evidence of motive was first suggested in the Crown's closing address at trial. The motive was inferred from statements made by the appellant in relation to the deceased's disclosure of her in pregnancy when he was interviewed by the police. It was held that this was procedurally unfair and not dealt with satisfactorily by the trial judge in directions to the jury. The hypothesis for the motive was speculative and the question of motive was too important to be disregarded by the trial judge. The overarching fairness to the accused was emphasis and there was held to be a miscarriage of justice with the conviction quashed and a new trial order. The case highlights the care needed in presentation of criminal cases by the Crown and the overriding consideration that an accused must have a fair trial.
Keywords: Criminal law, murder, procedural fairness, Crown closing address, relationship evidence, admissibility
JEL Classification: K14, K41
Suggested Citation: Suggested Citation