McLEAN, Michael v R [2011] NSWCCA 273

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: McLEAN, Michael v R [2011] NSWCCA 273 Hearing dates: 18 July 2011 Decision date: 16 December 2011 Before: Allsop P at 1 Simpson J at 1 Buddin J at 1 Decision: Orders made on 20 July 2011: 1. Appeal against conviction allowed. 2. Conviction quashed. 3. Direct a verdict of acquittal on the sole count on the indictment dated 31 August 2009. 4. The appellant be released from custody forthwith. 5. Reasons to be published in due course. Catchwords: CRIMINAL LAW - appeal against conviction - evidence raised reasonable doubt of guilt of appellant - conviction quashed. Legislation Cited: Crimes Act 1900 (NSW), s 97(1) Criminal Appeal Act 1912 (NSW), s 6(1) Cases Cited: M v The Queen [1994] HCA 63; 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 SKA v The Queen [2011] HCA 13; 83 ALJR 571 Category: Principal judgment Parties: Michael McLean (Appellant) Regina (Crown) Representation: M Johnston (Appellant) P Ingram SC (Crown) Legal Aid Commission (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/8406 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-09-10 00:00:00 Before: Payne DCJ File Number(s): 2009/8406