WHITMORE v THE QUEEN; THE QUEEN v WHITMORE [2010] NSWCCA 157

WHITMORE v THE QUEEN; THE QUEEN v WHITMORE [2010] NSWCCA 157

The conviction appeal failed because any omission in the later repetition of the alternative-basis direction was not a material error: the missing concept had already been correctly explained and was in a written document before the jury, the earlier direction was clear, and no objection was taken. The unreasonable verdict ground also failed because, on either the primary case that Ms Whitmore stabbed the deceased or the alternative case that she participated in the attack knowing of the knife and the possibility of its use to inflict grievous bodily harm, a jury could reasonably convict on the evidence. The Director's sentence appeal failed because, on the facts found by the sentencing...

Jurisdiction
Australia
Judgment Date
21 July 2010
Procedural Posture
Criminal Appeal Against Conviction and Director's Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Conviction; Crown Appeal Against Sentence Before the New South Wales Court of Criminal Appeal
Outcome
Extension of time granted, leave to challenge jury directions granted, conviction appeal dismissed, and Director's appeal against sentence dismissed.
Legal Topics
['murder' 'jury Directions' 'unreasonable Verdict' 'joint Criminal Enterprise' 'extended Common Purpose' 'manifest Inadequacy of Sentence' 'standard Non Parole Period']
['criminal Law' 'criminal Procedure' 'sentencing'] ['murder' 'jury Directions' 'unreasonable Verdict' 'joint Criminal Enterprise' 'extended Common Purpose' 'manifest Inadequacy of Sentence' 'standard Non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Director's Appeal Against Sentence / Application for Extension of Time and Leave to Appeal Against Conviction; Crown Appeal Against Sentence Before the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge misdirected the jury regarding the alternative basis upon which the Crown alleged the appellant committed murder.' 'Whether the verdict of the jury was unreasonable or could not be supported having regard to the evidence within s 6(1) of the Criminal Appeal Act 1912 (NSW).' 'Whether the sentence imposed for murder was manifestly inadequate.']

Ratio Decidendi

The conviction appeal failed because any omission in the later repetition of the alternative-basis direction was not a material error: the missing concept had already been correctly explained and was in a written document before the jury, the earlier direction was clear, and no objection was taken. The unreasonable verdict ground also failed because, on either the primary case that Ms Whitmore stabbed the deceased or the alternative case that she participated in the attack knowing of the knife and the possibility of its use to inflict grievous bodily harm, a jury could reasonably convict on the evidence. The Director's sentence appeal failed because, on the facts found by the sentencing...

Court Disposition

Extension of time granted, leave to challenge jury directions granted, conviction appeal dismissed, and Director's appeal against sentence dismissed.

Orders

  • ['In the appeal of Katrina Whitmore – extend time to seek leave to appeal.' 'In the appeal of Katrina Whitmore – grant leave to challenge the directions to the jury.' 'In the appeal of Katrina Whitmore – dismiss the appeal.' "In the Director's appeal against sentence – dismiss the appeal."]