AKB v R [2024] NSWCCA 169

AKB v R [2024] NSWCCA 169

The trial judge's directions to the jury regarding unanimity were adequate and appropriate in the circumstances. Although the prosecution presented alternative acts (preventing escape or setting fire), the directions required the jury as a whole to be satisfied beyond reasonable doubt of one or the other before convicting, and did not permit disparate or pooled findings as to the actus reus. An extended unanimity direction was not required; the appeal is dismissed.

Parties
Applicant: AKB; Respondent: Crown
Jurisdiction
Australia
Judgment Date
06 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Leave to appeal granted, appeal dismissed
Legal Topics
Appeal Against Conviction, Murder, Jury Unanimity, Directions to Jury, Misconduct or Miscarriage of Justice
Criminal Law Appeal Against Conviction Murder Jury Unanimity Directions to Jury Misconduct or Miscarriage of Justice

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 2 Authorities cited 30 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

AKB

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred by not directing the jury that they must be unanimous as to the conduct constituting the offence, i.e., the act causing death

Ratio Decidendi

The trial judge's directions to the jury regarding unanimity were adequate and appropriate in the circumstances. Although the prosecution presented alternative acts (preventing escape or setting fire), the directions required the jury as a whole to be satisfied beyond reasonable doubt of one or the other before convicting, and did not permit disparate or pooled findings as to the actus reus. An extended unanimity direction was not required; the appeal is dismissed.

Court Disposition

Leave to appeal granted, appeal dismissed

Orders

  • Grant leave to appeal, including an extension of time.
  • Appeal dismissed.