Robert Farquhanson's Case: Doubt and Appeal

This assignment delves into the complex homicide case of Robert Farquhanson. It challenges the established narrative by highlighting inconsistencies in witness testimonies, police investigations, and medical reports. The analysis argues that doubts remain regarding Farquhanson's guilt and calls for a reconsideration of his punishment.

Running head: HOMICIDE
Robert Farquhanson Case
Name of the student:
Name of the university:
Author note

1HOMICIDE
The case is based on a particular chapter of the criminal law. Homicide is a reflection of
criminal mentality that causes death of another. The nature of the offence is depending on the
perspective of death (Ellis & McGovern, 2016). There are certain elements of the criminal act.
However, one of them attracts the provision of this case. The element is if any person held liable for
the death of another by way of accident where there is an intention exists, that will be under the
provision of the homicide act (Finlay & Kirchengast, 2015). These types of offences are cognizance in
nature. They are directly harming the society. In the case of Robert Farquharson, a similar kind of
story has been depicted that rock the Australian society as well as the legislation of Australia. it is a
story of a father who was alleged to kill his three sons brutally and got punished by the Federal Court
of Australia. The murder was took place in the year 2005 just after the celebration of Father’s Day.
The most shocking part of the case was that he loved his children and had celebrated the ceremony
actively. However, still there is a question exists whether Robert is the actual murderer or not (Amato,
2017).
The case of Robert Farquharson had opened a new era in the area of homicide. There are
certain essentials regarding the case that can be categorised as follows:
The matter of the said case is quite entangled in nature. There are certain evidences that were
went against Robert. There are some evidences, on the other hand that were supported the activity or
testimony of Robert and made a confusion regarding the same. the first problem is there is no direct
evidence in this case (Horan & Goodman-Delahunty, 2014). All the evidences are based on the
testimonies of the accused and the witnesses. Even, there is no eyewitness here. The prime witness in
this case was Greg King. During the cross examination, he told to the court that he heard from Robert
by saying to made his wife suffer. The relevant fact regarding this matter was that Robert and his wife
resided separately. It was also stated that Robert was liable for the separation to some extent. There
are certain others witnesses who also delivered their contentions against Robert (Joseph, 2016).
The children were killed by a fatal accident that was met by Robert while returning to home.
The car was rammed a fence and fell in a gutter and the car was sink. The children did not found the

2HOMICIDE
way to free exit and succumbed to death. The suspicion raised when Robert somehow made it
possible to remain himself out of the car (Taylor, 2015). When the police interrogated him, he told
that he has suffering from special kinds of bronchiole disease and he got senseless for certain moment.
However, there was a question cropped up regarding the issue that how he managed to free himself
from the car belt and how he freed himself during the unconscious condition.
Certain evidences are found when the police examined the car. There was no mark that can
prove the fact that his car was rammed with the fence. Another point was that the speed limit of the
car was not that fast. During that speed, how a car can be rammed with the fence was cropped up.
There were no direct evidence regarding the fact that whether Robert had any hidden revenge
for her wife or not (Kenny, 2013). There were certain persons who testified the fact that Robert was
somehow disturbed for the separation. It was also contended by his wife Cindy Gambino that Robert
wanted to get back her again in his life and remained disturbed for the fact. However, there was no
hints in the statement of his wife regarding the killing mentality of Robert. Even when the Court
delivered its judgment against Robert, she did not believe the fact that Robert can kill his sons, as he
was a loving father. The decision made the whole nation silent and protestation made for Robert.
Many persons took the decision of the court negatively. There were certain reasons behind the
fact that Robert is innocent (Kleinhauz, Horowitz & Tobin, 2013). Certain flaws are made in the
process of investigation. The testimonies of Greg King were not at all trustworthy as he gave different
testimony before the court and before the police. There were certain loopholes arise in this case. The
investigation process also hold certain laxity. The decisions of the court were ex parte in nature. There
were certain facts that proved that the police tried to make Robert responsible for the murder and
passed their buck in this way.
Police officers were showed certain carelessness regarding the examination of the car of the
accused. There were no proper investigation had been made and the road was not even been examined
by the forensic team in an appropriate manner (Little, 2015). As per the investigation officer, Robert
was intentionally met the accident and put the car in the gutter and the consequence was detrimental

3HOMICIDE
in nature. Though he failed to establish any evidence regarding the same. As per one of the traffic
analyst and witness of the case David Axup told that when a car speeding up to a limit of 60 kph,
there is a possibility for the car to be turned turtle at any moment. Therefore, the testimony of Davis
backed the confession made by Robert regarding the accident.
The police had made serious flaws that they had believed the testimony of Greg King and the
fate of Robert was depended on the facts stated by Greg. The problem regarding the testimony was
that Greg had made different views in different times (Ojo, & Ozoh, 2016). Therefore, it was not right
to convict Robert on the basis of the statements of Greg. He stated during the investigation that he
heard Robert to make her wife suffer for the separation and killing the sons can be the outcome of that
mentality. Before the court, Greg stated that Robert was disturbed for the separation and was
depressed for the facts and it is strange to kill the children, as he loved them a lot. Therefore, the two
opinion of Greg were not same. However, unfortunately the court had failed to consider the same.
It was stated by the police that there was no existence regarding the disease that are stated by
Robert. The bronchiole problem was rare in nature and there were no evidence that the disease can be
cured in the provinces of that state. However, it was stated by Dr. Bartley that Robert is suffering
from certain coughing disorder and that disease can be categorised as cough syncope. Cough syncope
is one of the rarest syndrome of cough and there is a possibility that the victim of this disease can be
become senseless at any moment. Therefore, it can be stated that the Robert’s confession can be right.
There was another Doctor who had given different opinion by stating that he had not even heard about
the syndrome. Shocking matter happened when the Court had given much priority to the opinion of
Dr. Naughton than Dr. Bartley.
There were certain other witnesses who were examined by the Court authority regarding the
case matter but the opinion stated by them held of less importance. Flaws took place regarding the
witnesses of the case. According to Michael Hart, one of the friends of Robert that the police or even
the court at any point of time did not examined him. He also contended that the mentality of the police
proved that they did not want to know the facts of the case. In an interview, Michael told that Robert

4HOMICIDE
told his statements to him and not to Greg. Thus, it is total negative to deliver judgment against
Robert based on the statements of Greg.
According to Kerri Huntington, the police personnel wanted to make the total accident scene
into a murder scene and they had taken the facts into their mind that Robert is the killer and did not
even throw light on the other subjects. Another sister of Robert stated that Robert had an ocular
problem from his childhood and he had to face serious problem, as he could not see anything in the
dark. Money was the main reason behind the separation from his wife and he loved her very much. He
was unable to satisfy his wife due to money problem and getting depressed for that. A family friend of
Robert stated that Robert loved his wife and children a lot and it is impossible for him to even scratch
his children. There was unconditional love in his heart for them.
The police after the accident Robert did not call the ambulance stated it. Rather he called his
wife and narrated the whole incident to her. Police found his criminal mentality regarding the same
and as per their view, it is his intention not to call the ambulance. However, the facts was denied by
one psychologist. It is common for a father to accept the accident of his children in front of him that
happened all of a sudden. In such an incident, they always wanted to share with his spouse in lieu of
informing the local ambulance service.
The Australian media had played certain role in the case. Many news channels were
conducted interview where they had asked questions to the family members and friends of Robert
regarding the issue. Some news analysts were written blogs to support Robert and they were making
certain reports in favour of him. Cindy Gambino, wife of Robert had also contended the fact that
Robert cannot do such heinous crime and she was strongly opposed the verdict of the court.
Therefore, from the above named facts, it can be stated that the decision of the court was
based on certain wrong facts and the jury had failed to consider all the different aspects of the case.
The testimonies of the witnesses were quite defective and the court had failed to record the statements
of the friends and family of Robert Farquhanson. The statements of the doctor, who examined Robert,
had also not taken. Police had concocted different stories to hold him liable for the facts of the case

5HOMICIDE
and did not investigate the matter properly. Therefore, it can be stated that the homicidal nature of the
case is still in doubt and punishment of Robert is not appropriate.

6HOMICIDE
Reference:
Amato, D. (2017). What Happens if Autopsy Reports are Found Testimonial?: The Next Steps to
Ensure the Admissibility of These Critical Documents in Criminal Trials. J. Crim. L. &
Criminology, 107, 293-293.
Ellis, J., & McGovern, A. (2016). The end of symbiosis? Australia police–media relations in the
digital age. Policing and Society, 26(8), 944-962.
Finlay, L., & Kirchengast, T. (2015). Criminal law in Australia. LexisNexis Butterworths.
Horan, J., & Goodman-Delahunty, J. (2014). Challenging the peremptory challenge system in
Australia.
Joseph, G. P. (2016). Modern visual evidence. Law Journal Press.
Joseph, S. (2016). Australian Literary Journalism and “Missing Voices” How Helen Garner finally
resolves this recurring ethical tension. Journalism Practice, 10(6), 730-743.
Kenny, A. (2013). Intention and Side Effects: the Mens Rea for Murder. Reason, Morality, and Law:
The Philosophy of John Finnis, 109.
Kleinhauz, M., Horowitz, I., & Tobin, Y. (2013). The use of hypnosis in police investigation: A
preliminary communication. Journal of the Forensic Science Society, 17(2-3), 77-80.
Little, J. (2015). ‘Family violence happens to everybody’: gender, mental health and violence in
Australian media representations of filicide 2010–2014. Continuum, 29(4), 605-616.
Little, J. (2015). ‘Family violence happens to everybody’: gender, mental health and violence in
Australian media representations of filicide 2010–2014. Continuum, 29(4), 605-616.
Milroy, C. M., & Ranson, D. L. (2014). Homicide trends in the state of Victoria, Australia. The
American journal of forensic medicine and pathology, 18(3), 285-289.

7HOMICIDE
Ojo, O. T., & Ozoh, O. (2016). Cough Syncope, An Unusual Presentation Of Asthma In Adults.
In B45. OBSTRUCTIVE LUNG DISEASE: INTERESTING CASES (pp. A3587-A3587).
American Thoracic Society.
Ramirez, R., & Lasam, G. (2017). Cough induced syncope: A hint to cardiac tamponade diagnosis.
World journal of cardiology, 9(5), 466.
Taylor, N. (2015). This House of Grief: The Story of a Murder Trial. Antipodes, 29(2), 498.