Inquest into the disappearance and suspected death of Leisl Alexandra Smith

Case Number: 2013/100191

Date of Findings: 29 September 2025

Magistrate: Deputy State Coroner, Magistrate Harriet Grahame

CORONIAL LAW - missing person – no physical remains located – suspicious circumstances – homicide – coronial finding after abatement of criminal proceedings – Section 81(3) Coroners Act 2009 (NSW) – recommendations.

Responses

Recommendations

To the Attorney General of NSW

1. That the Attorney General of NSW refer to the NSW Law Reform Commission, arising from the facts in this case, the question of whether the doctrine of abatement operating in the criminal justice system should be reformed – for example, to consider whether there may be proceedings in which verdicts can be delivered in circumstances where an accused dies during the currency of their trial, and to consider in particular the operation of the doctrine in circumstances where deliberations of a judge alone or jury have concluded. A copy of these findings is to be included with the referral.
2. That without further delay the Attorney General of NSW implement recommendation 34 of the Report on the Statutory Review of the Coroners Act 2009 (December 2023) published by the NSW Department of Communities and Justice.