R v Serratore [1999] NSWCCA 377 (26 November 1999)

[1999] NSWCCA 377

CRIMINAL LAW – murder – appeal against conviction – circumstantial evidence case – whether certain specified intermediate facts essential – trial judge’s directions erroneous but favourable to accused – open to jury to convict on evidence, but not in accordance with trial judge’s directions – irregularity such as to constitute miscarriage of justice – appeal allowed – new trial or judgment of acquittal

CRIMINAL LAW – murder – indictment – single count – crown case put on alternative basis

EVIDENCE – murder trial – hearsay – evidence of relationship between accused and deceased.

Evidence Act, ss 55, 56, 59, 65, 66, 69, 72, 108, 135, 136, 137, 165;