Holmes v R [2018] NSWCCA 211

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Holmes v R [2018] NSWCCA 211 Hearing dates: 21 September 2018 Date of orders: 21 September 2018 Decision date: 28 September 2018 Before: Basten JA; Beech-Jones J; Wilson J Decision: 1. Grant the applicant leave to appeal against the conviction entered by the District Court at Campbelltown on 9 March 2018.

2. Set aside the conviction and sentence.

3. Acquit the applicant of the charge of robbery in company set out in an indictment dated 4 October 2017. Catchwords: APPEAL – appeal against conviction – robbery in company – circumstantial case – robbers caught on CCTV – clothing not found – part of proceeds found in accused's unit – sole occupation not established – no benefit enjoyed by jury in assessing evidence –whether verdict unreasonable and not supportable on evidence

CRIME – conviction appeal – applicant convicted of robbery in company – whether open to jury to be satisfied beyond reasonable doubt that applicant guilty Legislation Cited: Crimes Act 1900 (NSW), s 97 Cases Cited: Dickson v R [2017] NSWCCA 78 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Category: Principal judgment Parties: Daniel Holmes (Appellant) Regina (Respondent) Representation: Counsel: Mr J Tyler Stott (Appellant) Mr E Balodis (Respondent)

Solicitors: Solicitor for Public Prosecutions (Respondent) File Number(s): 2016/131211 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 9 March 2018 Before: Armitage ADCJ File Number(s): 2016/131211