REGINA v. SAMPSON [2003] NSWCCA 66

REGINA v. SAMPSON [2003] NSWCCA 66

The evidence was not such as to support the verdict or to have permitted a reasonable jury to conclude beyond reasonable doubt that the appellant deliberately struck the victim with a glass as alleged by the Crown.

Parties
Crown: Regina; Appellant/accused: Brett Herbert Sampson
Jurisdiction
Australia
Judgment Date
25 March 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction quashed; verdict and judgment of acquittal entered; Crown appeal against inadequacy of sentence dismissed.
Legal Topics
Conviction, Malicious Infliction of Grievous Bodily Harm, Appeal, Unreasonable Verdict, Sufficiency of Evidence
Criminal Law Conviction Malicious Infliction of Grievous Bodily Harm Appeal Unreasonable Verdict Sufficiency of Evidence

Case Brief

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Parties

Regina

Crown

Brett Herbert Sampson

Appellant/accused

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction was unreasonable or unable to be supported by the evidence
  2. 2 Whether the evidence established beyond reasonable doubt that the appellant deliberately struck the victim with a glass
  3. 3 Whether the verdict could be supported given the nature of the evidence

Ratio Decidendi

The evidence was not such as to support the verdict or to have permitted a reasonable jury to conclude beyond reasonable doubt that the appellant deliberately struck the victim with a glass as alleged by the Crown.

Court Disposition

Appeal allowed; conviction quashed; verdict and judgment of acquittal entered; Crown appeal against inadequacy of sentence dismissed.

Orders

  • Verdict and judgment of acquittal entered.
  • Sentence quashed.