Nadarasa v R; Satkunarasa v R; Sivapathasunram v R [2018] NSWCCA 29

Nadarasa v R; Satkunarasa v R; Sivapathasunram v R [2018] NSWCCA 29

The conviction for the wounding offence (count three) was unreasonable given the identical evidence against the accused, lack of any accused giving evidence, and the precedent set in Sivaraja v R; Sivathas v R. Accordingly, the conviction for count three is quashed and substituted with conviction for the offensive weapon offence (count four), with no further penalty imposed, as the sentences had already expired.

Jurisdiction
Australia
Judgment Date
07 March 2018
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision
Outcome
Appeal allowed; conviction for wounding offence quashed; verdicts for offensive weapon offence substituted; convictions recorded without other penalty
Legal Topics
['conviction Appeal' 'wounding With Intent to Cause Grievous Bodily Harm' 'using an Offensive Weapon With Intent to Commit an Indictable Offence' 'unreasonable Verdict']
['criminal Law'] ['conviction Appeal' 'wounding With Intent to Cause Grievous Bodily Harm' 'using an Offensive Weapon With Intent to Commit an Indictable Offence' 'unreasonable Verdict']

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 ['Whether the jury’s verdict on count three (wounding offence) was unreasonable' 'Whether the conviction for the wounding offence should be quashed and substituted for conviction of the offensive weapon offence']

Ratio Decidendi

The conviction for the wounding offence (count three) was unreasonable given the identical evidence against the accused, lack of any accused giving evidence, and the precedent set in Sivaraja v R; Sivathas v R. Accordingly, the conviction for count three is quashed and substituted with conviction for the offensive weapon offence (count four), with no further penalty imposed, as the sentences had already expired.

Court Disposition

Appeal allowed; conviction for wounding offence quashed; verdicts for offensive weapon offence substituted; convictions recorded without other penalty

Orders

  • ['Extend time for filing Notices of Application for Leave to Appeal against Conviction until 25 October 2017 (Satkunarasa and Sivapathasunram only)' 'Leave to appeal against conviction granted' 'Appeal allowed' 'Verdicts of guilty on count 3 and sentences imposed on 24 February 2017 set aside; verdicts of guilty...