Butcher v R [2010] NSWCCA 281

Butcher v R [2010] NSWCCA 281

The appeal was dismissed because, on the evidence accepted by the jury and in the absence of any demonstrated irregularity or miscarriage of justice at trial, the conviction was supported beyond reasonable doubt. The trial judge correctly directed the jury on the burden and standard of proof, assessed the evidence with appropriate caution, and the appellant's complaints did not disclose any proper basis for overturning the conviction.

Jurisdiction
Australia
Judgment Date
03 December 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['soliciting to Murder' 'appeal Against Conviction' 'assessment of Evidence' 'role of Accomplices and Undercover Agents']
['criminal Law'] ['soliciting to Murder' 'appeal Against Conviction' 'assessment of Evidence' 'role of Accomplices and Undercover Agents']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the conviction for solicit to murder was supported by the evidence' 'Whether any miscarriage of justice occurred during the trial' 'Whether the trial judge properly directed the jury in relation to the evidence and the law']

Ratio Decidendi

The appeal was dismissed because, on the evidence accepted by the jury and in the absence of any demonstrated irregularity or miscarriage of justice at trial, the conviction was supported beyond reasonable doubt. The trial judge correctly directed the jury on the burden and standard of proof, assessed the evidence with appropriate caution, and the appellant's complaints did not disclose any proper basis for overturning the conviction.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']