REGINA v. SAMPSON [2002] NSWCCA 478

REGINA v. SAMPSON [2002] NSWCCA 478

The verdict of the jury should be set aside on the grounds that it cannot be supported having regard to the evidence. No substituted verdict is permissible, nor is a new trial appropriate.

Parties
Respondent: Regina; Appellant: Brett Herbert Sampson
Jurisdiction
Australia
Judgment Date
05 December 2002
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in District Court
Outcome
Appeal upheld; verdict and judgment of acquittal entered
Legal Topics
Appeal, Unreasonable Verdict, Malicious Wounding With Intent, Alternative Verdicts
Criminal Law Appeal Unreasonable Verdict Malicious Wounding With Intent Alternative Verdicts

Case Brief

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Parties

Regina

Respondent

Brett Herbert Sampson

Appellant

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in District Court

Legal Issues

  1. 1 Whether the jury verdict was unreasonable or could not be supported by the evidence
  2. 2 Whether an alternative verdict was available under s.35 of the Crimes Act 1900

Ratio Decidendi

The verdict of the jury should be set aside on the grounds that it cannot be supported having regard to the evidence. No substituted verdict is permissible, nor is a new trial appropriate.

Court Disposition

Appeal upheld; verdict and judgment of acquittal entered

Orders

  • Appeal upheld
  • Verdict and judgment of acquittal entered