LEGAL CITATION
R v Mulvihill [2014] NSWSC 443, 16 April 2014, Fullerton J
ELEMENTS AND CIRCUMSTANCES OF THE CRIME
ELEMENTS-
Murder – Section 18 of the Crimes Act 1900 (NSW)
• Actus rea – An act or omission causing death.
• Mens rea – Recklessly indifference to human life, or intention to kill or inflict grievous bodily harm.
• Causation- The conclusion of the autopsy of Ms Yeo’s death determined that the cause of death was a direct result of either one or a combination of the two penetrating stab wounds.
CIRCUMSTANCES-
Paul Mulvihill and Rachelle Yeo had been in a relationship, which Yeo had ended. However, in the proceeding months, Yeo’s family, and her employer, became progressively perturbed for her safety from Mulvihill and …show more content…
Around the same time, another neighbour, Ms Burrows, heard a woman scream, "Oh My God, Oh My God". Ms Faletoese and her partner, Mr Gualtieri, then proceeded down the stairs to inspect, as they passed Ms Yeo's unit, there was silence. Though when outside they were again alarmed by a woman’s scream and almost instantaneously tracked the screams as coming from Ms Yeo's unit. Ms Faletoese began to bang and shout, demanding for the door to be opened, they heard Ms Yeo scream tirelessly for help and for the police to be called in what they described as a “state of deep and escalating distress” At this point several residents were gathered outside the unite, one resident heard her say, "He won't let me". The only thing the offender was heard to say (and in what was described as a calm and controlled voice) was, "Everything is okay, you don't need to call the police". It was after that that everything went silent, which in turn motivated Ms Burrows to urge the emergency attentoperator to have the police attend urgently. The last sounds from inside the unit were described by a resident as a "gurgling noise" or a "rasping for air".
OUTLINE THE DEFENCE CASE (EVIDENCE, WITNESSES)
EVIDENCE
The offender gave evidence at trial accounting for the extent and spread of the secondary injuries to Ms Yeo's face and hands consistently with his case that neither of the fatal stab wounds were the result of his actions. He said the fatal stab wounds and secondary injuries were sustained after Ms Yeo produced the knife when, after she had allowed him into her unit so that they could talk about their relationship, an argument
R v Mulvihill [2014] NSWSC 443, 16 April 2014, Fullerton J
ELEMENTS AND CIRCUMSTANCES OF THE CRIME
ELEMENTS-
Murder – Section 18 of the Crimes Act 1900 (NSW)
• Actus rea – An act or omission causing death.
• Mens rea – Recklessly indifference to human life, or intention to kill or inflict grievous bodily harm.
• Causation- The conclusion of the autopsy of Ms Yeo’s death determined that the cause of death was a direct result of either one or a combination of the two penetrating stab wounds.
CIRCUMSTANCES-
Paul Mulvihill and Rachelle Yeo had been in a relationship, which Yeo had ended. However, in the proceeding months, Yeo’s family, and her employer, became progressively perturbed for her safety from Mulvihill and …show more content…
Around the same time, another neighbour, Ms Burrows, heard a woman scream, "Oh My God, Oh My God". Ms Faletoese and her partner, Mr Gualtieri, then proceeded down the stairs to inspect, as they passed Ms Yeo's unit, there was silence. Though when outside they were again alarmed by a woman’s scream and almost instantaneously tracked the screams as coming from Ms Yeo's unit. Ms Faletoese began to bang and shout, demanding for the door to be opened, they heard Ms Yeo scream tirelessly for help and for the police to be called in what they described as a “state of deep and escalating distress” At this point several residents were gathered outside the unite, one resident heard her say, "He won't let me". The only thing the offender was heard to say (and in what was described as a calm and controlled voice) was, "Everything is okay, you don't need to call the police". It was after that that everything went silent, which in turn motivated Ms Burrows to urge the emergency attentoperator to have the police attend urgently. The last sounds from inside the unit were described by a resident as a "gurgling noise" or a "rasping for air".
OUTLINE THE DEFENCE CASE (EVIDENCE, WITNESSES)
EVIDENCE
The offender gave evidence at trial accounting for the extent and spread of the secondary injuries to Ms Yeo's face and hands consistently with his case that neither of the fatal stab wounds were the result of his actions. He said the fatal stab wounds and secondary injuries were sustained after Ms Yeo produced the knife when, after she had allowed him into her unit so that they could talk about their relationship, an argument