MIFSUD, Michael Charles v R [2009] NSWCCA 313

MIFSUD, Michael Charles v R [2009] NSWCCA 313

The evidence permitted a conclusion that the taking of the wallet, if done by the appellant, was distinct from the earlier violence in the unit. The jury's question showed that this was a live issue. A larceny verdict was not fanciful and would have been a viable and rational outcome; the failure to leave that alternative required the conviction to be set aside and a new trial ordered.

Jurisdiction
Australia
Judgment Date
22 December 2009
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeal allowed; conviction quashed; new trial ordered.
Legal Topics
['robbery in Company' 'larceny as an Alternative Verdict' 'appeal Against Conviction' 'jury Directions' 'new Trial']
['criminal Law'] ['robbery in Company' 'larceny as an Alternative Verdict' 'appeal Against Conviction' 'jury Directions' 'new Trial']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge misdirected the jury by not leaving larceny as an available alternative verdict to robbery in company.' 'Whether, on the evidence, a verdict of larceny would have been a viable and rational outcome rather than fanciful.' 'Whether the conviction for robbery in company should be quashed and a new trial ordered.']

Ratio Decidendi

The evidence permitted a conclusion that the taking of the wallet, if done by the appellant, was distinct from the earlier violence in the unit. The jury's question showed that this was a live issue. A larceny verdict was not fanciful and would have been a viable and rational outcome; the failure to leave that alternative required the conviction to be set aside and a new trial ordered.

Court Disposition

Appeal allowed; conviction quashed; new trial ordered.

Orders

  • ['Appeal allowed' 'Conviction quashed' 'A new trial be held']