Andrew John Cobby was convicted in 2021 for the murder of his estranged wife, Kym, aged 51, following a brutal attack outside her home in the Gold Coast hinterland in November 2017. Cobby was found guilty of beating and strangling Kym, leading to a life sentence after Justice Peter Callaghan described the act as premeditated and horrifying.
Recently, Cobby sought to overturn his conviction during an appeal. Representing himself before the Brisbane Court of Appeal, Cobby presented six arguments for why he believed the jury verdict should be quashed and a retrial granted, claiming that new DNA evidence related to the murder weapon—a hammer—was pivotal. He suggested that retesting would have significantly influenced the jury’s decision.
During the appeal, Cobby highlighted discrepancies regarding the hammer’s identification, asserting that his cohabitant at the time had mischaracterised its colour and shape. He argued that if the jury had access to the new evidence, they may have reached a different conclusion. Judges Thomas Bradley, Peter Flanagan, and Debra Mullins, however, dismissed his claims, concluding that Cobby did not establish any reasonable basis for believing that the fresh evidence could have led to an acquittal.
Justice Mullins specifically remarked that Cobby failed to demonstrate that the new DNA results indicated a substantial possibility that a jury, acting reasonably, would have acquitted him had this evidence been available during the original trial. The prosecution’s counsel, Philip McCarthy KC, pointed out that the DNA findings were not significantly different from those presented at trial, emphasising that Cobby’s clothing was heavily stained with Kym’s blood—indicative of his involvement in the crime amidst varied evidence.
Despite his attempts to question the conviction by introducing what he deemed critical new evidence, the appeal court upheld the original ruling, maintaining that there was no substantial question regarding his guilt. Cobby continues to assert his innocence, insisting that an unknown attacker was responsible for his wife’s death as he approached a borrowed red Chrysler at the time.
The case remains a stark reminder of domestic violence’s tragic realities, highlighting ongoing support services available for those in similar situations through the National Sexual Assault, Domestic, and Family Violence Counselling Service.