Penza and Di Maria v Regina [2013] NSWCCA 21

Penza and Di Maria v Regina [2013] NSWCCA 21

The conviction was quashed and acquittal entered because, on the totality of the evidence and the way the Crown conducted its case, there was a reasonable possibility that the appellants did not go to the deceased's home armed with a firearm. This indispensable intermediate fact was not established beyond reasonable doubt, so the conviction for murder could not safely stand.

Parties
Appellant: Franco Michael Penza; Appellant: Joshua Di Maria; Respondent: Regina
Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; verdicts of acquittal entered.
Legal Topics
Conviction Appeal, Murder, Joint Criminal Enterprise, Constructive Murder, Felony Murder, Manslaughter, Unreasonable Verdict, Jury Directions, Consciousness of Guilt, Admissibility of Evidence
Criminal Law Evidence Conviction Appeal Murder Joint Criminal Enterprise Constructive Murder Felony Murder Manslaughter +4 more

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 5 Authorities cited 43 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Franco Michael Penza

Appellant

Joshua Di Maria

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the verdicts of guilty for murder were unreasonable or could not be supported by the evidence
  2. 2 Whether the trial judge erred in directing the jury as to felony murder and voluntariness
  3. 3 Whether manslaughter by unlawful and dangerous act should have been left for the jury's consideration

Ratio Decidendi

The conviction was quashed and acquittal entered because, on the totality of the evidence and the way the Crown conducted its case, there was a reasonable possibility that the appellants did not go to the deceased's home armed with a firearm. This indispensable intermediate fact was not established beyond reasonable doubt, so the conviction for murder could not safely stand.

Court Disposition

Appeal allowed; convictions quashed; verdicts of acquittal entered.

Orders

  • Leave to appeal granted.
  • Appeal allowed.