Police v Robinson [2020] NSWLC 5
The Court found, beyond reasonable doubt, that the Defendant was the person who broke, entered and stole from both the Bankstown Coin Laundry Shop and the Ozly Clothing Store, based on the combination of direct (DNA, CCTV, witness recognition) and circumstantial evidence, and that there was no rational inference consistent with innocence. All elements of the offences were made out.
- Jurisdiction
- Australia
- Judgment Date
- 09 October 2020
- Procedural Posture
- Criminal / Defended Hearing; Verdict
- Outcome
- Guilty (both counts)
- Legal Topics
- ['break, Enter and Steal' 'circumstantial Evidence' 'burden and Standard of Proof' 'identification Evidence' 'dna Evidence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Defended Hearing; Verdict
Legal Issues
- 1 ['Whether the accused broke, entered and stole from the Bankstown Coin Laundry Shop and the Ozly Clothing Store' 'Whether the evidence establishes guilt beyond reasonable doubt, including identity' 'Assessment of direct and circumstantial evidence']
Ratio Decidendi
The Court found, beyond reasonable doubt, that the Defendant was the person who broke, entered and stole from both the Bankstown Coin Laundry Shop and the Ozly Clothing Store, based on the combination of direct (DNA, CCTV, witness recognition) and circumstantial evidence, and that there was no rational inference consistent with innocence. All elements of the offences were made out.
Court Disposition
Guilty (both counts)
Orders
- ['Defendant found guilty on Sequence 1: Break, enter and steal [s.112(1)(a) Crimes Act 1900 (NSW)] at Bankstown Coin Laundry Shop.' 'Defendant found guilty on Sequence 2: Break, enter and steal [s.112(1)(a) Crimes Act 1900 (NSW)] at Ozly Clothing Store.']
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