Prosecution failed to prove Joshua Wright was armed before murder of John Simpson, court finds
A New South Wales Supreme Court justice has found prosecutors failed to prove a man who has admitted to murder confronted his victim armed with a gun.
Joshua Wright, 36, has pleaded guilty to murdering his housemate John Simpson, 42, at a property on Great North Road, Laguna in April 2023.
Mr Simpson's body was found several months later in a shallow grave on a neighbouring property.
Ahead of Wright's sentencing a disputed facts hearing was held before Justice Richard Cavanagh, SC, regarding who had the gun before Mr Simpson was shot.
The Crown argued Wright took a rifle from a cupboard inside the Laguna home before going out to the shed and shooting Mr Simpson.
This version of events has been disputed by the defence.
Wright told police he went to the shed to confront Mr Simpson after coming home from work to find his two dogs had been seized by the RSPCA.
He claimed the gun was already in the shed and that Mr Simpson swung at him, which led to a scuffle during which the firearm discharged.
The defence does not dispute that Wright then deliberately shot Mr Simpson.
The court was played an excerpt from his police interview in which Wright said the first shot that hit Mr Simpson was unintentional.
When asked about the second shot Mr Wright said, "I don't know why I did it".
"I think he was already dead … there was so much blood," he said.
"I didn't mean for it to happen … I didn't go up there to shoot him … I just wanted to hit him."
The court heard the second shot struck Mr Simpson in the neck/upper back area.
Wright was asked during his police interview if he remembers taking aim at Mr Simpson.
"Not full aim," Wright said.
Another housemate of the pair, Jeremy McLaughlin, told the court that on the afternoon of the shooting he went to his room to avoid any confrontation.
He said he knew the cupboard where the rifle was kept was being opened because it had "a unique sound".
Mr McLaughlin told the court he saw Wright in the hallway but did not see him open the cupboard.
Another witness told the court that Wright said to him, "I picked up my gun, walked outside, then boom boom, it was over".
The defence has argued both witnesses are unreliable as they lied to police on several occasions.
Justice Cavanagh has found the Crown did not prove beyond reasonable doubt that Wright took the gun from cupboard before Mr Simpson was shot.
Wright is expected to be sentenced later this week and the disputed facts will be considered during the process.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
ABC News
30 minutes ago
- ABC News
Man in critical condition after stabbing in Adelaide's inner-north, police say
A 28-year-old man is in a critical condition after a stabbing in Adelaide's inner-northern suburbs on Monday, with CCTV footage showing him running down the street asking for someone to call an ambulance. Emergency services were called to Belford Avenue, Devon Park, about 4.30am on Monday after reports a man had been assaulted. SA Police said when they arrived, they found a 28-year-old who had been stabbed. He was taken to hospital in a critical condition. Residents say the man suffered multiple stab wounds and was running along the street asking for help before an ambulance was called. A trail of blood is visible along the footpath at the scene. One man, who declined to be named, said he was awoken between 4.30am and 5am by a man running down the street "yelling for help". The witness said he called triple-0 after the man stopped outside his house asking for assistance. "He was just saying that he was dying [and] to call his mum, or his brother or something like that," he said. "I didn't think it was that serious at all until obviously we were assisting through the help of the ambulance who were telling us to assess where the blood was coming from. The witness said the man had "multiple stab wounds" around the chest and legs, which were revealed after they lifted his black hoodie. Raymond Griffith, who lives opposite the man who called triple-0, said he "heard a banging" sound from across the road. "That's what brought me to the window, somebody was banging on the door and from there police were there and ambulances were there within minutes," he said. "He was asking for help." Mr Griffith said there was a "hive of activity" when emergency services arrived. "This is normally a quiet area, not much happens here, but last night it was different," he said. "One can only hope he's alright." Police say an investigation into the incident is in its 'early stages' and has asked anyone with information to contact Crime Stoppers on 1800 333 000.
ABC News
an hour ago
- ABC News
Police identify woman after body found on Townsville street
Police say they have identified a woman found dead on a Townsville street last week. A member of the public found the woman's body on an easement on Railway Avenue on Friday morning. Her identity has been established but no details have been released to the public. No arrests have been made and an investigation is ongoing into what police say is an unexplained death. Detective Acting Inspector Phil Watts said the deceased woman's family was being supported. "We're working with the family and providing them with as much support as we can during what is clearly a difficult time," he said. On Friday police closed Railway Avenue between Doorey Street and Queens Road as they searched for evidence. Investigators have renewed calls for information to anyone who was in the area between 4pm and 6pm on June 17. "We've been led to that time-frame through investigations, through the witness statements which have been obtained and through CCTV," Acting Inspector Watts said. Inspector Watts said there had been an "exceptional" response from the public so far. "It's great to see that the Townsville community cares about their own — they've certainly been a great help to us" he said. Multiple areas of interest were identified but police said this week it would be inappropriate to go into where they were and how they related to the death. Police would not say whether the woman suffered a violent death. Acting Inspector Watts said he had seen "many" unexplained, sudden death investigations. "It's always difficult and it's always horrendous for the family," he said.
News.com.au
an hour ago
- News.com.au
17-year old girl shot by police in Townsville charged with assaulting an officer
A 17-year old girl who was allegedly wielding a knife outside a Townsville pub when she was shot by police has been charged with assaulting an officer. The incident unfolded at the West End Hotel on Ingham Rd in Townsville just before 5.30pm on June 10. Police responded to calls there was a girl allegedly armed with a knife and making threats. A police spokesman alleged she came at police and was subsequently shot in the abdomen. The girl was charged on Friday with two counts of seriously assaulting a police officer while armed with a weapon and one count of intent to cause grievous bodily harm. She was remanded in custody to appear in the Townsville Magistrates Court on Tuesday.
