NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: McLEOD v Regina [2008] NSWCCA 127
HEARING DATE(S): 26 May 2008
JUDGMENT DATE: 4 June 2008
JUDGMENT OF: Beazley JA at 1; Barr J at 44; Hoeben J at 45
1. Appeal allowed; DECISION: 2. Conviction quashed; 3. Order that there be a new trial.
CATCHWORDS: CRIMINAL LAW – appeal against conviction of maliciously damaging property by fire – circumstantial evidence - directions to jury – erroneous exclusion of reasonable hypothesis of accident – erroneous direction that a conclusion inconsistent with guilt must be equally reasonable as that consistent with guilt - retrial ordered
LEGISLATION CITED: Crimes Act 1900, s 195(1)(b) Criminal Appeal Act 1912, s 6
CATEGORY: Principal judgment
Kaliyanda v R [2007] NSWCCA 300 Knight v R [1992] HCA 56; (1992) 175 CLR 495 Martin v Osborne [1936] HCA 23; (1936) 55 CLR 367 CASES CITED : MFA v R [2002] HCA 53; 213 CLR 606 M v R [1994] HCA 63; (1994) 181 CLR 487 Plomp v R [1963] HCA 44; (1963) 110 CLR 234 R v McIntyre [2000] NSWCCA 6; (2000) 111 A Crim R 211
PARTIES: Audrey Amazon Anne McLEOD (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/3052
COUNSEL: C Loukas (Appellant) G Rowling (Respondent)
SOLICITORS: Aboriginal Legal Services (Appellant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 06/51/0085
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 31 May 2007
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