Safarjalani v R [2020] NSWCCA 337

Safarjalani v R [2020] NSWCCA 337

There was insufficient evidence to support the applicant's guilt beyond reasonable doubt, either as the shooter or as a party to a joint criminal enterprise to commit murder. The circumstantial evidence, conduct and conversations relied upon by the Crown were equally consistent with innocence. Therefore, the conviction was unreasonable and must be quashed.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; verdict of acquittal substituted
Legal Topics
['murder by Shooting' 'circumstantial Evidence' 'joint Criminal Enterprise' 'appeal Against Conviction' 'unreasonable Verdict']
['criminal Law'] ['murder by Shooting' 'circumstantial Evidence' 'joint Criminal Enterprise' 'appeal Against Conviction' 'unreasonable Verdict']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdict of guilt was unreasonable or unsupported by the evidence' 'Whether the Crown proved beyond reasonable doubt that the applicant was the shooter or party to a joint criminal enterprise' 'Whether consciousness of guilt was established through post-event conduct' 'Whether there was an agreement or understanding to murder the deceased' 'Whether the trial miscarried because jury instructions did not require unanimity on bases of liability']

Ratio Decidendi

There was insufficient evidence to support the applicant's guilt beyond reasonable doubt, either as the shooter or as a party to a joint criminal enterprise to commit murder. The circumstantial evidence, conduct and conversations relied upon by the Crown were equally consistent with innocence. Therefore, the conviction was unreasonable and must be quashed.

Court Disposition

Appeal allowed; conviction quashed; verdict of acquittal substituted

Orders

  • ['Grant leave to appeal' 'Allow the appeal' 'Quash the conviction and sentence' 'Substitute a verdict of acquittal']