Romolo v R [2018] NSWCCA 3

Romolo v R [2018] NSWCCA 3

The evidence was not capable of proving beyond reasonable doubt that the applicant and Hamzy agreed to commit the offence as particularised; there was a reasonable possibility that both acted under instructions from third parties without communicating with each other. The conviction should be quashed, and an acquittal entered as a new trial would require substantial amendment to the indictment.

Jurisdiction
Australia
Judgment Date
01 February 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; acquittal entered; applicant released from custody
Legal Topics
['appeal Against Conviction' 'joint Criminal Enterprise' 'drug Importation' 'unreasonable Verdict']
['criminal Law'] ['appeal Against Conviction' 'joint Criminal Enterprise' 'drug Importation' 'unreasonable Verdict']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdict was unreasonable or cannot be supported by the evidence' 'Whether the prosecution proved the existence of an agreement between the applicant and the alleged co-offender' 'Whether a retrial is appropriate']

Ratio Decidendi

The evidence was not capable of proving beyond reasonable doubt that the applicant and Hamzy agreed to commit the offence as particularised; there was a reasonable possibility that both acted under instructions from third parties without communicating with each other. The conviction should be quashed, and an acquittal entered as a new trial would require substantial amendment to the indictment.

Court Disposition

Appeal allowed; conviction quashed; acquittal entered; applicant released from custody

Orders

  • ['Grant leave to appeal' 'Allow the appeal' "Quash the applicant's conviction of the offence charged in the indictment filed in relation to him on 21 July 2016" 'Direct a judgment and verdict of acquittal on that charge' 'Direct that the applicant be released from custody forthwith']