CINI, Danuta v R [2009] NSWDC 423
The court was not satisfied beyond reasonable doubt of Ms Cini's guilt, given the unsatisfactory aspects of both prosecution and defence evidence and the reasonable possibility that she was acting in self-defence; accordingly, both the conviction and AVO must be set aside.
- Jurisdiction
- Australia
- Judgment Date
- 04 November 2009
- Procedural Posture
- Criminal Appeal / Conviction and Order Appeal Determination
- Outcome
- Appeal allowed; conviction and apprehended violence order set aside.
- Legal Topics
- ['appeal Against Conviction' 'assault Occasioning Actual Bodily Harm' 'self Defence' 'reasonable Doubt' 'apprehended Violence Order']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Conviction and Order Appeal Determination
Legal Issues
- 1 ['Whether the conviction for assault occasioning actual bodily harm should stand given the evidence and presence of reasonable doubt' 'Whether the evidence leaves open a reasonable possibility of self-defence' 'Whether the apprehended violence order (AVO) should be set aside upon allowing the appeal on conviction']
Ratio Decidendi
The court was not satisfied beyond reasonable doubt of Ms Cini's guilt, given the unsatisfactory aspects of both prosecution and defence evidence and the reasonable possibility that she was acting in self-defence; accordingly, both the conviction and AVO must be set aside.
Court Disposition
Appeal allowed; conviction and apprehended violence order set aside.
Orders
- ['Conviction for assault occasioning actual bodily harm set aside.' 'Apprehended violence order set aside.']
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