A2 v R; Magennis v R; Vaziri v R [2020] NSWCCA 7

A2 v R; Magennis v R; Vaziri v R [2020] NSWCCA 7

Given the findings of miscarriage of justice, abandoned unreasonable verdict ground, and sufficient evidential basis, the interests of justice require a new trial pursuant to s 8 Criminal Appeal Act 1912 (NSW), not acquittal, having regard to the proper construction of s 45(1)(a) Crimes Act 1900 (NSW).

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Criminal Appeal / Post Remittal From High Court; Determination on Order for Retrial
Outcome
Appeal against conviction allowed; convictions quashed; new trial ordered for each appellant.
Legal Topics
['appeal Against Conviction' 'female Genital Mutilation' 'miscarriage of Justice' 'new Trial Discretion' 'admissibility of Evidence']
['criminal Law'] ['appeal Against Conviction' 'female Genital Mutilation' 'miscarriage of Justice' 'new Trial Discretion' 'admissibility of Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Post Remittal From High Court; Determination on Order for Retrial

Legal Issues

  1. 1 ['Whether, given the findings on appeal and proper construction of s 45(1)(a) Crimes Act 1900 (NSW), a new trial should be ordered or acquittal entered' 'Appropriate remedy for miscarriage of justice identified in prior appeal grounds' 'Discretion under s 8 Criminal Appeal Act 1912 (NSW) to order retrial']

Ratio Decidendi

Given the findings of miscarriage of justice, abandoned unreasonable verdict ground, and sufficient evidential basis, the interests of justice require a new trial pursuant to s 8 Criminal Appeal Act 1912 (NSW), not acquittal, having regard to the proper construction of s 45(1)(a) Crimes Act 1900 (NSW).

Court Disposition

Appeal against conviction allowed; convictions quashed; new trial ordered for each appellant.

Orders

  • ['Appeal against conviction is allowed and convictions quashed.' 'Order for new trial of each appellant having regard to proper construction of s 45(1)(a) Crimes Act 1900 (NSW).' 'List matter before Arraignments List Judge on 6 March 2020.']