Sio v R [2015] NSWCCA 42

Sio v R [2015] NSWCCA 42

The statements of the accomplice were admitted in circumstances making it likely they were reliable as required by s 65(2)(d) of the Evidence Act 1995 (NSW), and the jury’s verdict was open on the evidence, including corroborative and inferential material indicating Sio’s complicity in armed robbery by joint criminal enterprise.

Jurisdiction
Australia
Judgment Date
31 March 2015
Procedural Posture
Conviction Appeal / Court of Criminal Appeal – Leave to Appeal and Appeal Against Conviction
Outcome
Leave to appeal granted; appeal against conviction dismissed.
Legal Topics
['conviction Appeal' 'armed Robbery' 'joint Criminal Enterprise' 'hearsay Evidence' 'accomplice Statements']
['criminal Law' 'evidence'] ['conviction Appeal' 'armed Robbery' 'joint Criminal Enterprise' 'hearsay Evidence' 'accomplice Statements']

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Procedural Posture

Conviction Appeal / Court of Criminal Appeal – Leave to Appeal and Appeal Against Conviction

Legal Issues

  1. 1 ["Whether admission of accomplice's statements (recorded interview and statement) was correct under hearsay exceptions in Evidence Act 1995 (NSW) s 65(2)(d)" 'Whether jury’s verdict was unreasonable and not supported by evidence']

Ratio Decidendi

The statements of the accomplice were admitted in circumstances making it likely they were reliable as required by s 65(2)(d) of the Evidence Act 1995 (NSW), and the jury’s verdict was open on the evidence, including corroborative and inferential material indicating Sio’s complicity in armed robbery by joint criminal enterprise.

Court Disposition

Leave to appeal granted; appeal against conviction dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal against conviction dismissed.']