Murder Trial in Supreme Court
Our client was charged with the murder of his partner’s daughter.
Our client received
- Our client was found not guilty and was acquitted of all charges; the main charge of murder and the alternative charge of manslaughter.
- He was released from custody upon these verdicts
Our client was alleged to have assaulted the child and in doing so killed her and was charged with the murder of his partner’s daughter.
Our client moved to Victoria from interstate to be closer to his family. He commenced a relationship with the complainant’s mother after settling in Victoria. She was a single mother who was having difficulties raising her children and had the Department of Health and Human Services involved. Our client assisted DHHS in closing their file on the mother. His partner’s house was in a mess to the point that there were cat faeces throughout the house where the 4 children walked on. Our client organised a skip bin and cleaned the house and produced routine for the children and as a result, DHHS closed their file.
Our defence for the case was that it was not our client who murdered the child, it was the mother of the child that committed the crime. Through thorough preparation and cross-examination of the mother in the trial, we were able to establish doubt within the jury as to the mother’s involvement in the murder of her daughter.
Prior to the trial, we successfully argued before the Supreme Court on behalf of our client for certain evidence to be excluded that potentially would have been prejudicial to our client’s defence.
During the trial, we were able to reveal from the Police further evidence that as assisted our client in his defence that the Police had failed to provide earlier. This evidence was used to further cross-examine the mother of the deceased as to her involvement in the murder of her daughter.
While our client was never required to prove that the mother of the deceased murdered the child, we were able to cast doubt within the jury as to our client is solely responsible for the murder of the child.
Why this was a favourable outcome
If he was found guilty he would have faced the prospect of life imprisonment and at least a sentence in the area of 25 years before being eligible for release on parole. Furthermore given the nature of this matter and the deceased victim being a 2-year-old girl he would have served his entire sentence in protective custody.
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Disclaimer: Please be aware that the above piece is NOT intended to be definitive legal advice. If you have enquiries relating to the above subject matter, please contact us for an obligation free, face to face consultation.