Jury retires to decide accused woman killer's fate
A jury deciding the fate of a former soldier accused of murdering his ex-girlfriend in a brutal stabbing attack has retired.
The group of eight men and four women spent the past six days in the Townsville Supreme Court hearing evidence in the case against Dane Andrew Pilcher.
Pilcher has admitted he is guilty to manslaughter after he smashed a glass window and broke into Corinne Henderson's third-floor apartment on Oonoonba Rd and killing her just before 11pm on September 26, 2015 after he was sent a picture of her and her new boyfriend.
The prosecution alleges that Pilcher murdered Corinne and intended to kill her, or seriously injure her, when he arrived at the gated complex that night.
Pilcher's defence barrister James Godbolt has argued that his client acted in the heat of the moment and killed Corinne after she approached and stabbed him with a knife.
The jury will have to decide if Pilcher is guilty of murder or the lesser charge of manslaughter.
If the group decides he is guilty of murdering Corinne, it will have to determine if her actions "provoked" him to kill Justice David North said.
Justice North said the partial defence was one of the "very rare circumstance" in Queensland's criminal code that relied on the defendant to prove, on a balance of probabilities, that they were provoked and lost their self-control.
"Our law recognises that a person may be killed in circumstances where the defendant was so provoked by something done by that person as to lose se the power of self control such that this provides an explanation for his or her actions which should be taken into account," Justice North said.
In normal circumstances the prosecution team bears the onus of proof.
Originally published as Jury retires to decide Pilcher's fate