R v Thompson; R v Farrugia (No.2) [2019] NSWDC 329

R v Thompson; R v Farrugia (No.2) [2019] NSWDC 329

There is evidence on which a jury could convict each accused in respect of count 1, so the application to direct a verdict of not guilty for count 1 is refused. For counts 2 and 3, there is no evidence on which the jury could convict either accused, so directed verdicts of not guilty are ordered for those counts.

Jurisdiction
Australia
Judgment Date
25 June 2019
Procedural Posture
Criminal / Ruling on Application for Directed Verdict, Mid Trial
Outcome
Directed verdicts of not guilty for Counts 2 and 3; application refused for Count 1.
Legal Topics
['directed Verdict' 'conspiracy' 'falsification of Financial Records']
['criminal Law'] ['directed Verdict' 'conspiracy' 'falsification of Financial Records']

Case Brief

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Procedural Posture

Criminal / Ruling on Application for Directed Verdict, Mid Trial

Legal Issues

  1. 1 ['Whether there is evidence on which a jury could convict for conspiracy to falsify books (Count 1)' 'Whether conspiracy by omission is an offence under the relevant law (Count 2)' 'Whether there is evidence of conspiracy to conceal information from auditors (Count 3)']

Ratio Decidendi

There is evidence on which a jury could convict each accused in respect of count 1, so the application to direct a verdict of not guilty for count 1 is refused. For counts 2 and 3, there is no evidence on which the jury could convict either accused, so directed verdicts of not guilty are ordered for those counts.

Court Disposition

Directed verdicts of not guilty for Counts 2 and 3; application refused for Count 1.

Orders

  • ['Directed verdicts of not guilty for each accused in respect of Counts 2 and 3.' 'Application for directed verdict of not guilty refused for Count 1.']