VICVSCA
R v Giles [1999] VSCA 208
[1999] VSCA 208
Court of Appeal (Vic)|1999-11-23|Before: PHILLIPS, C.J., BATT and CHERNOV, JJ.A.
View original sourceAt a glance
Source factsCourt
Court of Appeal (Vic)
Decision date
1999-11-23
Before
PHILLIPS, C.J., BATT and CHERNOV, JJ.A.
Source
Original judgment source is linked above.
Judgment (19 paragraphs)
[1]
- The applicant then took a pair of scissors from the centre console of the car. The scissors were eight to ten inches long and the applicant was later able to describe their length, shape and colour to the police with complete accuracy, notwithstanding his use of marijuana and consumption of alcohol. With the scissors he stabbed the deceased to the abdomen 40 times. There were eight major stab wounds, six of which penetrated the abdomen wall and two of which pierced the liver. Then, when the deceased was (as his Honour found) dead, the applicant mutilated her body. With the scissors, he made V-shaped incisions beneath each of her nipples, made lacerations to the vagina and to the pubic area above it and made five lacerations to the anus. He cut off some pubic hair with the scissors and, finally, forcibly inserted the scissors into the anus of the deceased, where they remained until removed at the scene by Professor Cordner. After that the applicant used the deceased's tracksuit trousers to wash himself down at the nearby river. He then took from the floor of the vehicle some items of property which he thought had fallen from his pocket during his attack on the deceased. They were, or included, the deceased's Commonwealth Bank Keycard, another business card with her name on it and her car keys. He then set off to walk home along the Bulla-Diggers Rest Road. The barking of a dog or dogs at his arrival home at about three o'clock on the Saturday morning woke his father, who let him in, told him to go to bed and said that he should pack his belongings and leave the house in the morning.
[2]