Haines v R [2018] NSWCCA 11

Haines v R [2018] NSWCCA 11

The conviction was quashed and a verdict of acquittal entered because the trial judge made an error of fact by finding that the evidence of the victim and Mr Danta excluded the presence of another perpetrator (Mr Campbell) at the scene; this error led to improper rejection of the appellant's hypothesis and meant the guilt of the appellant was not proved beyond reasonable doubt. The evidence was incapable of supporting a finding of guilt and a substantial miscarriage of justice had occurred.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; verdict of acquittal entered; appellant ordered to be released forthwith.
Legal Topics
['appeal Against Conviction' 'exclusion of Evidence' 'assessment of Verdict Reasonableness']
['criminal Law'] ['appeal Against Conviction' 'exclusion of Evidence' 'assessment of Verdict Reasonableness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to give reasons for refusing the application to exclude evidence of the complainant' 'Whether the trial judge erred in failing to exclude evidence of the complainant' 'Whether the verdict of guilty was unreasonable and could not be supported having regard to the evidence']

Ratio Decidendi

The conviction was quashed and a verdict of acquittal entered because the trial judge made an error of fact by finding that the evidence of the victim and Mr Danta excluded the presence of another perpetrator (Mr Campbell) at the scene; this error led to improper rejection of the appellant's hypothesis and meant the guilt of the appellant was not proved beyond reasonable doubt. The evidence was incapable of supporting a finding of guilt and a substantial miscarriage of justice had occurred.

Court Disposition

Appeal allowed; conviction quashed; verdict of acquittal entered; appellant ordered to be released forthwith.

Orders

  • ['Grant the applicant leave to appeal.' 'Appeal against conviction allowed.' 'Conviction quashed.' 'Verdict of acquittal entered.' 'The appellant to be released forthwith.']