Myerson v R [1908] HCA 14

596 HIGH COURT {l

H.C. ov A. is that, having formally abandoned it, the original conviction 1907. stands. I agree therefore that the appeal should be allowed.

Many ; Doo War. Appeal allowed. Order appealed from dis- charged. Conviction restored. Tsaaes J.

Solicitor, for appellant, Barker (Crown Solicitor). Nv Gig

{HIGH COURT OF AUSTRALIA.]

MAURICE MYERSON. , F 7 3 . APPELLANT; — AND THE KING . 5 ' , ' iy ; . RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Criminal Law—Verdict—Recommendation to mercy—Ambiguous expression i

1908. rider—Meaning of jury's finding. —— 2 Sypsey, 'Where the jury in a criminal trial add to a verdict of guilty, and objection April 22. is taken to the conviction on the ground that the rider is a rider finding special facts which are alleged to be inconsistent with guilt, the Court must

See On Jook at the whole finding including the rider, and if it then appears reasonably sat doubtful whether the jury have found the facts necessary to establish the

offence charged, the accused is entitled to the benefit of the doubt and the conviction should be quashed ; but the effect of a clear finding of guilty is n ent down by a rider stating facts which, considered in the light of the circumstances of the case and the nature of the offence charged, are con with guilt, e

wars

5OLR] OF AUSTRALIA.

Held, also, that, where there has been a verdict of guilty on several counts, some of which are subsequently held bad on demurrer, the nature of the material allegations in the defective counts and the fact that the jury have found them to be proved are relevant in ascertaining the meaning of a rider applicable to the verdict upon all the counts.

To a verdict of guilty upon three counts of an indictment against two persons for conspiracy the jury added a rider recommending one of the acoused to mercy on the ground that he was an "unsuspecting tool" of the other.