Regina v MAKISI [2004] NSWCCA 333

Regina v MAKISI [2004] NSWCCA 333

Read as a whole, the trial judge's intoxication direction did not divert the jury from deciding whether the Crown had proved beyond reasonable doubt that the appellant formed the intent to rob. There was no proper basis on which intoxication could have produced a different verdict on counts two and three. The limited good character point was not pursued by trial counsel after evidence was led and leave to rely on that ground should be refused under Rule 4. The difference between the appellant's sentence and his brother's sentence did not create a legitimate sense of grievance because the brother pleaded guilty early and was younger.

Jurisdiction
Australia
Judgment Date
22 September 2004
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Application for Leave to Appeal Against Sentences From the District Court
Outcome
Appeal against conviction dismissed; leave granted to appeal against sentences; appeal dismissed.
Legal Topics
['intoxication and Specific Intent' 'jury Directions' 'good Character Evidence' 'sentence Disparity' 'robbery and Assault With Intent to Rob']
['criminal Law' 'criminal Procedure' 'sentencing' 'evidence'] ['intoxication and Specific Intent' 'jury Directions' 'good Character Evidence' 'sentence Disparity' 'robbery and Assault With Intent to Rob']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Convictions and Application for Leave to Appeal Against Sentences From the District Court

Legal Issues

  1. 1 ["Whether the trial judge misdirected the jury by referring to the appellant's capacity to act intentionally when directing on intoxication and intent on count one." 'Whether the trial judge erred by leaving intoxication only in relation to count one and not counts two and three.' 'Whether the trial judge erred by not directing the jury on the use of evidence that the appellant had no prior assault charges or convictions.' 'Whether the appellant had a legitimate sense of grievance by comparison between his sentences and the sentence imposed on his brother John Makisi.']

Ratio Decidendi

Read as a whole, the trial judge's intoxication direction did not divert the jury from deciding whether the Crown had proved beyond reasonable doubt that the appellant formed the intent to rob. There was no proper basis on which intoxication could have produced a different verdict on counts two and three. The limited good character point was not pursued by trial counsel after evidence was led and leave to rely on that ground should be refused under Rule 4. The difference between the appellant's sentence and his brother's sentence did not create a legitimate sense of grievance because the brother pleaded guilty early and was younger.

Court Disposition

Appeal against conviction dismissed; leave granted to appeal against sentences; appeal dismissed.

Orders

  • ['The appeal against conviction is dismissed.' 'Leave is granted to appeal against the sentences but the appeal is dismissed.']