R v Johnson and Olivieri [2002] NSWCCA 348

R v Johnson and Olivieri [2002] NSWCCA 348

There was insufficient evidence to establish beyond reasonable doubt that the object of any conspiracy between the appellants was to prevent, obstruct, or dissuade the named witnesses from attending trial as required by s 325(1A) Crimes Act 1900, as opposed to committing some other unlawful purpose prohibited by other sections. Accordingly, the jury’s verdicts of guilty could not be supported and must be set aside.

Jurisdiction
Australia
Judgment Date
28 June 2002
Procedural Posture
Criminal Appeal / Judgment on Appeal After Conviction and Sentence
Outcome
Appeals upheld, convictions quashed, and verdicts of acquittal entered.
Legal Topics
['conspiracy' 'obstruction of Justice' 'appeal' 'circumstantial Evidence']
['criminal Law'] ['conspiracy' 'obstruction of Justice' 'appeal' 'circumstantial Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Judgment on Appeal After Conviction and Sentence

Legal Issues

  1. 1 ['Whether the evidence established a conspiracy to prevent, obstruct or dissuade witnesses from attending trial contrary to s 325(1A) Crimes Act 1900' 'Whether verdicts of guilty were unreasonable and unsupported by the evidence']

Ratio Decidendi

There was insufficient evidence to establish beyond reasonable doubt that the object of any conspiracy between the appellants was to prevent, obstruct, or dissuade the named witnesses from attending trial as required by s 325(1A) Crimes Act 1900, as opposed to committing some other unlawful purpose prohibited by other sections. Accordingly, the jury’s verdicts of guilty could not be supported and must be set aside.

Court Disposition

Appeals upheld, convictions quashed, and verdicts of acquittal entered.

Orders

  • ['Appeals by both appellants allowed.' 'Convictions quashed.' 'Judgments and verdicts of acquittal entered for both appellants.']