Page:R v Stein (2024, NSWSC).pdf/8

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the criminal standard that the stolen weapon, which the offender later buried near a Mount Wilson fire trail, was the gun used to murder Charlise.

17 Ballistics evidence stablishes that the muzzle of the gun was held very close to Charlise's face, at almost point blank range when that shot was discharged, the distance being within 30 centimetres.[1] The bullet trajectory establishes that the offender was in front of Charlise, with Charlise facing towards him when he discharged the rifle into her face.

18 Dr du Plessis did not find gunshot residue on Charlise's skin, as might have been the case had there been no delay between death and examination. What she did find among the decompositional changes were multiple pinpoint defects consistent with gunpowder tattooing that were found to be polarisable, that is, metallic in appearance and able to be seen through a microscope with the aid of specific processes. The range, shape, size and distribution of the microscopic particles over a broad aspect of Charlise's right cheek that were seen by Dr Du Plessis around the entry wound on her face are consistent with the deposition of gun powder particles from a firearm discharged at close range.[2] In all of the circumstances, and noting Dr du Plessis' evidence as to other possible decompositional causes for her observations, I am satisfied beyond reasonable doubt that the offender shot Charlise in the face, from close range, as the two faced each other.

19 To fire two shots into Charlise's body the offender had to undertake methodical and deliberate actions to manipulate the firearm.[3] The offender had previously stolen this weapon during a break and enter offence he committed on 22 August 2021 at a neighbouring property at Mount Wilson, later fitting it with a scope that he purchased from an online site. Firing the rifle involved more than simply depressing its trigger twice. Rather, as the evidence of Leading Senior Constable Kieran Scott clearly demonstrated, on the basis that the rifle's magazine was loaded, firing a shot required the offender to disengage the safety mechanism, manoeuvre the bolt to cock the firing pin, and then depress the trigger. To fire a second shot, the bolt had to be lifted and pulled to the rear


  1. Tcpt, 23 May 2024, p 454.
  2. Tcpt, 23 May 2024, pp 453–458.
  3. Shown in Ex. A.20.