MS was charged and convicted of ‘Murder’ contrary to section 18(1)(a) Crimes Act 1900. He was sentenced to imprisonment for 26 years and 6 months with a non-parole period of 19 years and 6 months.
This is a case of assault turned to ‘murder’ as what the Crown case asserted. The victim is almost 80 years old with existing health problems and complications at the time of the incident. He was assaulted and got hospitalised. Months after, he died. The Defence case is grounded upon causation of the victim’s death.
MS is represented by Chris Cole and two Public Defender Counsels, Belinda Rigg and Tom Quilter. In making their Special Leave application, they argued the ground of miscarriage of justice on cause of death. Special leave to appeal in High Court was granted. Whether there was miscarriage of justice is now to be decided by the High Court.