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[2025] NSWSC 122
Supreme Court of NSW
2024-12-05
Wright J, Health J
Original judgment source is linked above.
1995 (NSW) ss 59, 65, 67, 94, 97-98, 101 Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ss 28, 33, 36, 38, 53- 56, 58-59, 61, 67 Cases Cited: Da-Pra v R; R v Da-Pra [2014] NSWCCA 211 Elomar v R [2014] NSWCCA 303; 316 ALR 206 Harris v R [2005] NSWCCA 432; 158 A Crim R 454 Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 R v Ambrosoli (2002) 55 NSWLR 603; [2002] NSWCCA 386 R v Bouggas [2023] NSWSC 352 R v Gale; R v Duckworth [2012] NSWCCA 174; 217 A Crim R 487 R v Huynh [2023] NSWSC 920 R v Minani (2005) 63 NSWLR 490; [2005] NSWCCA 226 R v Siemek (No. 1) [2021] NSWSC 1292 R v Singh (No 4) [2021] NSWSC 75 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Category: Principal judgment Parties: Rex (Crown) Christopher Bouggas (Accused) Representation: Counsel: P Hogan / S Gul (Crown) T Quilter (Accused)
Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Alexanders Lawyers (Accused) File Number(s): 2022/0028868 Publication restriction: An order, subject to specified limitations, prohibiting disclosure of any information that reveals, or tends to reveal the true identity of Witness X, including the name of Witness X, any visual or other description of the physical appearance of Witness X or the place of residence or work of Witness X, which order applies throughout the Commonwealth of Australia for a period of 50 years. Ancillary orders in relation to the application for the non-disclosure order.
Introduction
Background to the Special Hearing
The Special Hearing
The Crown case in outline
The defence case in outline
Principal Issues
The evidence
Ms Howlett's statement- hearsay ruling
Tendency and coincidence evidence
Tendency evidence ruling
Coincidence evidence
Legal Principles and directions
Presumption of Innocence
Onus and Standard of Proof
Witnesses and Fact Finding
The accused did not give evidence
Right to silence
Liberato direction
Bad character direction
Inferences and circumstantial evidence
Lies as consciousness of guilt
Hearsay, identification and potentially unreliable evidence
AVL Evidence
Expert Evidence
Elements of the offences and defence
Elements of murder - Steven Glen Finlay 1. Steven Glen Finaly died on or about 29 January 2022 at Redfern in New South Wales; 2. his death was caused by a deliberate act or acts of the accused; and 3. the act or acts were done with an intention to kill or to cause grievous bodily harm.
Elements of murder - Mitchell Watson 1. Mitchell Watson died on or about 29 January 2022 at Redfern in New South Wales; 2. his death was caused by a deliberate act or acts of the accused; and 3. the act or acts were done with an intention to kill or to cause grievous bodily harm.
Elements of defence of mental health impairment
Summary of elements
Assessment of witnesses and evidence
Background to what occurred on 29 January 2022
29 January 2022
The autopsies
30 January 2022
The deceased's room
Canvas of residents
Forensic investigations continued
Luminol testing and other matters
Arrest of the accused
The watch and other Items seized from accused
Search of the accused's room
The accused's ERISP
1 February 2022
Subsequent events
Element 1 of murder
Element 2 of murder
Deliberate acts caused the deaths of the deceased
Were the acts those of the accused?
The background to events of 29 January 2022
Mental state and motive
The killing on 29 January 2022
Opportunity
Observations and asserted lies of the accused after the deceased were killed
DNA and fingerprint results
Other defence submissions
The accused's denials
Bad character
Has the Crown proved beyond reasonable doubt that the acts which caused the deaths of the deceased were those of the accused?
Conclusion on elements 1 and 2 of murder
Defence of mental health impairment
Dr Martin
Dr Nielssen
Has the defence of mental health impairment been established?
Conclusion on the defence of mental health impairment
Conclusion
Verdicts
Victim Impact Statements
Further Orders and directions
Endnotes
R
Bouggas
[2016] HCA 32
(1994) 179 CLR 500
(2017) 263 CLR 338
(2016) 257 CLR 300
(2002) 55 NSWLR 603
(2005) 63 NSWLR 490
(2016) 259 CLR 47