Rubasha v R [2021] NSWCCA 319

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rubasha v R [2021] NSWCCA 319 Hearing dates: 3 December 2021 Date of orders: 21 December 2021 Decision date: 21 December 2021 Before: Beech-Jones CJ at CL at [1] Rothman J at [52] Wilson J at [61] Decision: (1) Grant leave to the Applicant to raise grounds 1 and 2 of the Appeal; (2) Appeal allowed; (3) Set aside the conviction on 18 February 2021 for conspiracy to rob whilst armed with a dangerous weapon; (4) In lieu thereof, order that an acquittal be entered. Catchwords: CRIME – applicant convicted of conspiracy to rob – indictment confined conspiracy to rob a person in a particular street in particular suburb – Crown conducted its case on that basis – unreasonable verdict – sufficiency of evidence to demonstrate object of conspiracy was to rob someone in that street – sufficient of evidence to demonstrate that applicant was a participant in conspiracy – whether miscarriage of justice arising from trial judge's direction in response to jury question about proposed location of robbery – held – verdict unreasonable because of strength of evidence said to demonstrate object of conspiracy was to rob a person in particular street – other grounds rejected – acquittal entered. Legislation Cited: Criminal Appeal Act 1912 Cases Cited: Agius v R [2015] NSWCCA 200 Ahern v R (1988) 165 CLR 87; [1988] HCA 39 Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42 Coughlan v The Queen (2020) 267 CLR 654; [2020] HCA 15 Gage v R [2021] NSWCCA 222 Gerakiteys v The Queen (1983) 153 CLR 317; [1983] HCA 8 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12; R v Alameddine [2012] NSWCCA 63 R v Hickey [2002] NSWCCA 474 R v Salama [1999] NSWCA 105 RD (a pseudonym) v R [2021] NSWCCA 94 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: Emmanuel Rubasha (Applicant) Regina (Respondent) Representation: Counsel: J Clarke (Applicant) C Dodds (Crown)