Crane v R [2024] NSWCCA 112

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Crane v R [2024] NSWCCA 112 Hearing dates: 19 March 2024 Date of orders: 3 July 2024 Decision date: 03 July 2024 Before: Harrison CJ at CL at [1] Cavanagh J at [8] Dhanji J at [24] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Quash the verdict of guilty of murder with respect to the indictment dated 23 May 2022. (4) Enter a verdict of acquittal on that charge. Catchwords: CRIME – appeal – appeal against conviction – unreasonable verdict – murder – accessory before the fact – where Crown case was that the applicant and his brother had procured the assault on the deceased – where the jury's advantage in having seen and heard the evidence was "slight" – circumstantial case – question as to whether the Crown has excluded any inference consistent with innocence that was reasonably open – combined effect of the evidence to be considered – capacity of the evidence to prove the particularised acts of assistance – finding of doubt as to the guilt of the applicant – leave to appeal granted – appeal allowed – verdict of acquittal entered Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Supreme Court (Criminal Appeal) Rules 2021 (NSW) Cases Cited: AJS v The Queen (2007) 235 CLR 505; [2007] HCA 27 Batak v R [2024] NSWCCA 66 Carbone v R (No 2) [2024] NSWCCA 7 Coleman v Power (2004) 220 CLR 1; [2004] HCA 39 Coughlan v The Queen (2020) 267 CLR 654; [2020] HCA 15 CSR Ltd v Eddy (2005) 226 CLR 1; [2005] HCA 64 Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25 Gerakiteys v The Queen (1984) 153 CLR 317 Giorgianni v The Queen (1985) 156 CLR 473; [1985] HCA 29 Johnson v Youden [1950] 1 KB 54 Lane v R (2013) 241 A Crim R 321 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Markisic v Commonwealth of Australia (2007) 69 NSWLR 737; [2007] NSWCA 92 Miller v The Queen (2016) 259 CLR 380; [2016] HCA 3 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v Murrell [2001] NSWCCA 179 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 The Queen v Taufehema (2007) 228 CLR 323 Category: Principal judgment Parties: Colin Crane (Applicant) Rex (Respondent) Representation: Counsel: B Rigg SC with R Khalilizadeh (Applicant) M England with V Garrity (Respondent)