Regina v Jeffrey Paul Noonan [2002] NSWCCA 46

Upon the whole of the evidence, it was not open to the jury to be satisfied beyond reasonable doubt as to the appellant's guilt; acquittal substituted.

Jurisdiction: Australia
Judgment Date: 28 February 2002
Procedural Posture: Criminal Appeal / Final Judgment
Outcome: Appeal allowed; conviction and sentence quashed; verdict of acquittal substituted.
Legal Topics: ['armed Robbery' 'verdict of Acquittal' 'presumption of Continuance']

['criminal Law'] ['armed Robbery' 'verdict of Acquittal' 'presumption of Continuance']

Case Brief

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Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

1 ['Whether the verdict of guilty was reasonable and supported by the evidence' "Application of the presumption of continuance to infer appellant's involvement"]

Ratio Decidendi

Upon the whole of the evidence, it was not open to the jury to be satisfied beyond reasonable doubt as to the appellant's guilt; acquittal substituted.

Court Disposition

Appeal allowed; conviction and sentence quashed; verdict of acquittal substituted.

Orders

["The appellant's conviction and sentence be quashed." 'A verdict of acquittal be substituted.']