Dunks v R; Miller v R [2010] NSWCCA 312

New South Wales Court of Criminal Appeal

CITATION: Dunks v R; Miller v R [2010] NSWCCA 312 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14 December 2010

JUDGMENT DATE: 16 December 2010

JUDGMENT OF: Simpson J at 1; Hall J at 2; Garling J at 3

DECISION: Convictions for each of the appellants on the charge of robbery in company are quashed. Verdict of acquittal entered in favour of each appellant.

CATCHWORDS: CRIMINAL LAW – Offences – Robbery in company – Appeal against conviction – Unreasonable verdict – Where the victim was robbed by three men at night in Kings Cross – Where there was no evidence as to the exact time of the robbery – Where CCTV footage showed the appellants in company with one of the robbers near the location of the robbery at 2:30am – Where the appellants were subsequently found by police, and the victim, in the company of one of the robbers – Where the victim identified the robbers by their dark clothing, but the appellants were wearing light clothing – Where the Crown case relied largely upon identification evidence of the victim – Whether verdict was unreasonable and cannot be supported having regard to the evidence at trial.

LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912

M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 CASES CITED : Regina v Habib [2005] NSWCCA 22 TKWJ v The Queen (2002) 212 CLR 124 Weiss v The Queen (2005) 224 CLR 300

2009/151583 Ronnie Paul Dunks (Applicant) Regina (Respondent) PARTIES: 2009/141812 Jade Michael Miller (Applicant) Regina (Respondent)