Regina v Peter Francis MATO Regina v Monica Charis RUSU [1999] NSWCCA 395

Regina v Peter Francis MATO Regina v Monica Charis RUSU [1999] NSWCCA 395

Mr Mato's conviction was unreasonable as it was open on the evidence for the jury to find he knew nothing about the theft until after driving Ms Rusu away; inappropriate inferences were left open, so the conviction must be quashed and a judgment of acquittal entered. Ms Rusu's sentence, though severe, was within the range of appropriate discretion considering lack of contrition and was not demonstrated to be erroneous.

Parties
Appellant: Peter Francis Mato; Appellant: Monica Charis Rusu; Respondent: Regina (The Crown)
Jurisdiction
Australia
Judgment Date
09 December 1999
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Mr Mato's conviction quashed with acquittal; Ms Rusu's leave to appeal against sentence granted but appeal dismissed.
Legal Topics
Bank Robbery, Aiding and Abetting, Larceny as a Clerk, Appeal Against Conviction, Appeal Against Sentence
Criminal Law Bank Robbery Aiding and Abetting Larceny as a Clerk Appeal Against Conviction Appeal Against Sentence

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Parties

Peter Francis Mato

Appellant

Monica Charis Rusu

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether Mr Mato's conviction for aiding and abetting larceny was supported by sufficient evidence
  2. 2 Whether Ms Rusu's sentence was excessive and demonstrated error in the sentencing process

Ratio Decidendi

Mr Mato's conviction was unreasonable as it was open on the evidence for the jury to find he knew nothing about the theft until after driving Ms Rusu away; inappropriate inferences were left open, so the conviction must be quashed and a judgment of acquittal entered. Ms Rusu's sentence, though severe, was within the range of appropriate discretion considering lack of contrition and was not demonstrated to be erroneous.

Court Disposition

Mr Mato's conviction quashed with acquittal; Ms Rusu's leave to appeal against sentence granted but appeal dismissed.

Orders

  • Mr Mato's Appeal No. 60427/98: 1. Appeal allowed; 2. The appellant's conviction on the second count in the indictment is quashed; 3. Direct a judgment and verdict of acquittal be entered.
  • Ms Rusu's Appeal No. 60418/98: 1. Application for leave to appeal granted; 2. Appeal against sentence dismissed.