Connor v R; KC v R [2021] NSWCCA 171

Connor v R; KC v R [2021] NSWCCA 171

There was at least a reasonable hypothesis consistent with the innocence of the applicants that was not excluded by the evidence, namely that not all group members returned down Pennicook Lane or entered the balcony area, and there was no evidence specifically incriminating the applicants in the attacks; accordingly, the convictions were unreasonable and must be set aside and acquittals entered.

Parties
Applicant: Mitchell Connor; Applicant: KC; Crown: Regina
Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction; Appeal Determination on the Papers
Outcome
Appeals allowed, convictions set aside, acquittals directed on Counts 1-4; extension of time and leave to appeal granted
Legal Topics
Unreasonable Verdict, Wounding With Intent, Acquittal, Leave to Appeal, Extension of Time
Criminal Law Unreasonable Verdict Wounding With Intent Acquittal Leave to Appeal Extension of Time

Case Brief

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Parties

Mitchell Connor

Applicant

KC

Applicant

Regina

Crown

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction; Appeal Determination on the Papers

Legal Issues

  1. 1 Whether the convictions for wounding with intent to cause grievous bodily harm were unreasonable or could not be supported, having regard to the evidence
  2. 2 Whether the Crown excluded the reasonable hypothesis that at least one group member did not return down the street or did not enter the balcony area
  3. 3 Whether an extension of time to apply for leave to appeal against conviction should be granted

Ratio Decidendi

There was at least a reasonable hypothesis consistent with the innocence of the applicants that was not excluded by the evidence, namely that not all group members returned down Pennicook Lane or entered the balcony area, and there was no evidence specifically incriminating the applicants in the attacks; accordingly, the convictions were unreasonable and must be set aside and acquittals entered.

Court Disposition

Appeals allowed, convictions set aside, acquittals directed on Counts 1-4; extension of time and leave to appeal granted

Orders

  • For Mitchell Connor: (1) Extension of time to 2 July 2021 to give notice of intention to apply for leave to appeal against conviction; (2) Leave to appeal granted; (3) Appeal allowed; (4) Convictions on Counts 1 and 3 set aside and in lieu acquittals on Counts 1–4 entered.
  • For KC: (1) Extension of time to 29 June 2021 to give notice of intention to apply for leave to appeal against conviction; (2) Leave to appeal granted; (3) Appeal allowed; (4) Convictions on Counts 1 and 3 set aside and in lieu acquittals on Counts 1–4 entered.