R v Rice & ors (No 5) [2014] NSWSC 1526

R v Rice & ors (No 5) [2014] NSWSC 1526

The evidence, taken as a whole and at its highest, was capable of satisfying a jury beyond reasonable doubt that Rashko was the accused Vukovic, particularly Taylor's evidence about Rashko driving a red RAV 4 and doing gyprocking work, Exhibit K2 showing a red RAV 4 registered to Vukovic's wife at the same address, and uncontested evidence that Vukovic was a gyprocker. Any weakness in the evidence or availability of competing inferences did not justify removing the case from the jury.

Jurisdiction
Australia
Judgment Date
31 October 2014
Procedural Posture
Criminal Law Conspiracy to Murder / Application for Directed Verdict of Acquittal at the Close of the Crown Case
Outcome
Application rejected.
Legal Topics
['conspiracy to Murder' 'directed Verdict of Acquittal' 'identification Evidence' 'circumstantial Evidence' 'inferences']
['criminal Law' 'criminal Procedure'] ['conspiracy to Murder' 'directed Verdict of Acquittal' 'identification Evidence' 'circumstantial Evidence' 'inferences']

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Procedural Posture

Criminal Law Conspiracy to Murder / Application for Directed Verdict of Acquittal at the Close of the Crown Case

Legal Issues

  1. 1 ['Whether there was evidence upon which a jury could conclude that the accused Vukovic was the person referred to as Rashko.' "Whether the Crown's direct and circumstantial evidence was capable of supporting a verdict of guilty against Vukovic." 'Whether competing hypotheses or inferences required a directed verdict of not guilty.']

Ratio Decidendi

The evidence, taken as a whole and at its highest, was capable of satisfying a jury beyond reasonable doubt that Rashko was the accused Vukovic, particularly Taylor's evidence about Rashko driving a red RAV 4 and doing gyprocking work, Exhibit K2 showing a red RAV 4 registered to Vukovic's wife at the same address, and uncontested evidence that Vukovic was a gyprocker. Any weakness in the evidence or availability of competing inferences did not justify removing the case from the jury.

Court Disposition

Application rejected.

Orders

  • ['The application for a verdict by direction is rejected.']