Naira v R [2020] NSWDC 938

Naira v R [2020] NSWDC 938

The evidence (both identification and admissions) left a reasonable doubt whether the appellant was the person who committed the assault charged; accordingly, the Crown failed to prove guilt beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
15 April 2020
Procedural Posture
Conviction Appeal / Hearing and Judgment
Outcome
appeal upheld; conviction quashed; verdict of not guilty entered
Legal Topics
['common Assault' 'violent Offences' 'appeal Conviction' 'identity of Offender']

Case Brief

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Procedural Posture

Conviction Appeal / Hearing and Judgment

  1. 1 ['Whether the appellant was proved beyond reasonable doubt to be the person who committed the assault charged']

Ratio Decidendi

The evidence (both identification and admissions) left a reasonable doubt whether the appellant was the person who committed the assault charged; accordingly, the Crown failed to prove guilt beyond reasonable doubt.

Court Disposition

appeal upheld; conviction quashed; verdict of not guilty entered

Orders

  • ['The conviction appeal is upheld.' 'The conviction is quashed.' 'A verdict of not guilty is entered.']