Andrew O’Brien KC with Jade-Anne Reeves, appeared (pro bono) on behalf of the appellant, instructed by Gilshenan & Luton Legal Practice.
This was an appeal against a conviction of murder. In summary, the appellant alleged that the trial directions to the jury amounted to a miscarriage of justice on three grounds. First, with respect to directions regarding hypotheses consistent with innocence, the burden of proof was altered. Second, the jury was directed that post-offence conduct could be used to establish consciousness of guilt where such conduct was equally probative of manslaughter. Third, the Crown engaged in circular reasoning in suggesting that the accused disposed of the victim’s body without first having the jury decide whether the accused killed the victim. The Court dismissed the appeal, finding that the trial judge had correctly directed the jury on all three grounds.
The judgment can be read by clicking here
