NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: AS v Regina [2010] NSWCCA 218
HEARING DATE(S): 16 September 2010
JUDGMENT DATE: 24 September 2010
JUDGMENT OF: McColl JA at 1; Hulme J at 1; Latham J at 1
DECISION: 1. Appeal allowed. 2. Quash the convictions. 3. Direct a verdict of acquittal on each count.
CATCHWORDS: CRIMINAL LAW – appeal – conviction – summing up – failure to put defence case to jury – where Crown case substantially based on evidence of one witness – failure to direct jury as to manner in which Crown relied on that evidence - CRIMINAL LAW – appeal – conviction – evidence – whether verdict unreasonable or unsupportable on evidence – where evidence of central Crown witness implicating accused uncertain
Crimes Act 1900 (NSW) LEGISLATION CITED: Criminal Procedure Act 1986 (NSW) Criminal Appeal Rules (NSW)
CATEGORY: Principal judgment
Domican v The Queen [1992] HCA 13; (1992) 173 CLR 555 R v Abusafiah (1991) 24 NSWLR 531 CASES CITED : R v Meher [2004] NSWCCA 355 RPS v R [2000] HCA 3; (2000) 199 CLR 620 Tripodina & Morabito v R (1998) 35 A Crim R 183
PARTIES: AS - Appellant Regina - Respondent
FILE NUMBER(S): CCA 2007/11842
COUNSEL: SJ Odgers SC - Appellant P Ingram - Respondent
SOLICITORS: M Katsoolis - Appellant S Kavanagh - Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2007/1122
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
LOWER COURT DATE OF DECISION: 27 March 2008
- 1 - IN THE COURT OF CRIMINAL APPEAL 2007/11842 McCOLL JA RS HULME J LATHAM J
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