Elwood v R [2016] NSWCCA 18

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Elwood v R [2016] NSWCCA 18 Hearing dates: 7 July 2015 Decision date: 22 February 2016 Before: Meagher JA at [1]; McCallum J at [58]; Button J at [60] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL – conviction – armed assault with intent to rob on basis of joint criminal enterprise – whether verdict unreasonable or not supported by evidence – whether open to jury to be satisfied beyond reasonable doubt as to appellant's participation in agreement to rob and knowledge of offensive weapon – whether jury's verdict finding appellant guilty could logically and reasonably stand with verdict of not guilty in relation to co-accused – whether different verdicts so inconsistent necessary to intervene to prevent injustice occasioned by guilty verdict – where rational bases may account for different verdicts – where verdict of guilty was open on the evidence – no miscarriage of justice Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Criminal Appeal Act 1912 (NSW), s 5(1)(b) Cases Cited: Hawi v R [2014] NSWCCA 83 Libke v The Queen [2007] HCA 30; 230 CLR 559 M v The Queen [1994] HCA 63; 181 CLR 487 MacKenzie v The Queen [1996] HCA 35; 190 CLR 348 R v Kirkman (1987) 44 SASR 591 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Luke Elwood (Appellant) Regina (Respondent) Representation: Counsel: P Strickland SC with A Heffernan (Appellant) P G Ingram SC (Respondent)