R v White & ors (No 6) [2012] NSWSC 470

R v White & ors (No 6) [2012] NSWSC 470

The application for a directed verdict of not guilty on robbery was refused as there was a basis upon which the jury could infer Birkensleigh had foreknowledge of a plan to rob Zaiter and assisted accordingly; however, the application was granted on accessory after the fact to murder, as the evidence was not capable of establishing Birkensleigh knew White had killed Zaiter at the relevant time.

Parties
Prosecution: Regina; Accused: Jessica Tess Birkensleigh
Jurisdiction
Australia
Judgment Date
04 April 2012
Procedural Posture
Criminal / Jury Trial; Ruling at Close of Crown Case on Directed Verdict Applications
Outcome
Not guilty verdict directed on the count of accessory after the fact to murder; application for directed verdict on robbery refused.
Legal Topics
Jury Trial, Directed Verdict, Accessory Before the Fact, Robbery, Accessory After the Fact
Criminal Law Jury Trial Directed Verdict Accessory Before the Fact Robbery Accessory After the Fact

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Parties

Regina

Prosecution

Jessica Tess Birkensleigh

Accused

Procedural Posture

Criminal / Jury Trial; Ruling at Close of Crown Case on Directed Verdict Applications

Legal Issues

  1. 1 whether evidence at its highest was capable of sustaining a verdict of guilty against Jessica Tess Birkensleigh on charges of robbery and accessory after the fact to murder

Ratio Decidendi

The application for a directed verdict of not guilty on robbery was refused as there was a basis upon which the jury could infer Birkensleigh had foreknowledge of a plan to rob Zaiter and assisted accordingly; however, the application was granted on accessory after the fact to murder, as the evidence was not capable of establishing Birkensleigh knew White had killed Zaiter at the relevant time.

Court Disposition

Not guilty verdict directed on the count of accessory after the fact to murder; application for directed verdict on robbery refused.

Orders

  • Jury directed to return verdict of not guilty for Jessica Tess Birkensleigh on count of accessory after the fact to murder.
  • No direction for not guilty verdict on charge of robbery.