R v R Salama [1999] NSWCCA 105

R v R Salama [1999] NSWCCA 105

The jury's verdicts were inconsistent as there was no rational basis to convict on the alternative count while acquitting on the more serious count when the only issue was whether the accused deliberately discharged the firearm or acted accidentally. The judge's failure to answer the jury's question about accident before verdict, and the inappropriate warning about the accused's statements, were errors justifying the setting aside of the conviction and entering a verdict of acquittal.

Jurisdiction
Australia
Judgment Date
10 May 1999
Procedural Posture
Criminal Appeal / Appeal Decision
Outcome
Appeal allowed; conviction quashed; acquittal entered
Legal Topics
['inconsistent Verdicts' 'jury Directions' 'warning to Jury' 'accidental Discharge of Firearm' 'appellate Review']
['criminal Law'] ['inconsistent Verdicts' 'jury Directions' 'warning to Jury' 'accidental Discharge of Firearm' 'appellate Review']

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Procedural Posture

Criminal Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether the verdicts of guilty and not guilty were inconsistent' "Whether the trial judge improperly warned the jury regarding the accused's statements as potentially unreliable" 'Whether the judge failed to answer a critical question from the jury prior to verdict']

Ratio Decidendi

The jury's verdicts were inconsistent as there was no rational basis to convict on the alternative count while acquitting on the more serious count when the only issue was whether the accused deliberately discharged the firearm or acted accidentally. The judge's failure to answer the jury's question about accident before verdict, and the inappropriate warning about the accused's statements, were errors justifying the setting aside of the conviction and entering a verdict of acquittal.

Court Disposition

Appeal allowed; conviction quashed; acquittal entered

Orders

  • ['The verdict in respect of the alternative count is set aside.' 'The conviction is quashed.' 'A verdict of acquittal is entered.']