August 13, 2015

R v AH

Key Words: murder – section 18 Crimes Act 1900 – accessory after the fact – section 347 Crimes Act 1900 – duress – domestic violence – battered woman syndrome – not guilty

Facts:

The Crown ran alternate cases: the first was that our client had struck the victim with a bottle, killing him; the second was that our client’s partner had struck and killed the victim, and our client had assisted in burying the body. The first case corresponded with a charge of murder, the second with a charge of accessory after the fact.

Outcome:

O’Brien Solicitors ran the defence, ultimately accepted by the court, that the client had nothing to do with the murder and only assisted in the cover-up of the murder under duress from her violent partner. In support of this defence. O’Brien Solicitors raised evidence of the partner’s history of extreme violence. The client was found not guilty on both the murder charge and the accessory after the fact charge.