Tiwary v R [2012] NSWCCA 193

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tiwary v R [2012] NSWCCA 193 Hearing dates: 20, 24 July 2012 Decision date: 10 September 2012 Before: Bathurst CJ at [1] Allsop P at [1] Fullerton J at [1] Decision: Orders made on 26 July 2012. Reasons delivered on 10 September 2012. 1. Extend the time for filing the notice of appeal up to and including the day on which it was filed. 2. Appeal upheld. 3. Conviction of the murder of Chow Lyang Tay quashed. 4. Conviction of the murder of Poh Chuan Tan quashed. 5. In lieu thereof verdicts of acquittal be entered on each count. Catchwords: CRIMINAL LAW - murder - appellant convicted of killing two flatmates with baseball bat - forensic and other evidence sufficient to support rational hypotheses consistent with innocence - reasonable doubt as to guilt notwithstanding inconsistencies and implausibilities in appellant's account - verdict unreasonable or insupportable having regard to the evidence - convictions quashed - no retrial ordered Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6(1) Evidence Act 1995 (NSW), s 137 Cases Cited: Kurdi v R [2011] NSWCCA 179 M v R [1994] HCA 63; 181 CLR 487 SKA v R [2011] HCA 13; 243 CLR 400 Tiwary v R [2008] NSWCCA 319 Category: Principal judgment Parties: Ram Puneet Tiwary (Appellant) The Crown (Respondent) Representation: Mr D Dalton SC (Appellant) Mr P Ingram SC (Respondent) John B Hajje & Associates (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2005/3786 Decision under appeal Citation: R v Tiwary [2009] NSWSC 1415 Date of Decision: 2009-12-17 00:00:00 Before: Johnson J File Number(s): SC 2005/3786