Regina v Nabil Ayoub [1999] NSWCCA 231

Regina v Nabil Ayoub [1999] NSWCCA 231

The convictions were quashed as the appeal was allowed on the basis that the jury was misdirected regarding the standard and onus of proof, and the convictions were unsafe and unsatisfactory having regard to the evidence, raising a reasonable doubt as to the guilt of the accused.

Jurisdiction
Australia
Judgment Date
12 August 1999
Procedural Posture
Criminal Appeal / Appeal From Conviction
Outcome
Appeal allowed; convictions quashed; verdicts of acquittal entered.
Legal Topics
['indecent Assault' 'sexual Intercourse With Child Under 16' 'faulty Jury Direction' 'onus of Proof' 'unsafe Verdict' 'acquittal']
['criminal Law'] ['indecent Assault' 'sexual Intercourse With Child Under 16' 'faulty Jury Direction' 'onus of Proof' 'unsafe Verdict' 'acquittal']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction

Legal Issues

  1. 1 ['Whether the judge misdirected the jury as to the standard and onus of proof' 'Whether the absence of corroborating witnesses warranted judicial comment' 'Whether the convictions were unsafe and unsatisfactory']

Ratio Decidendi

The convictions were quashed as the appeal was allowed on the basis that the jury was misdirected regarding the standard and onus of proof, and the convictions were unsafe and unsatisfactory having regard to the evidence, raising a reasonable doubt as to the guilt of the accused.

Court Disposition

Appeal allowed; convictions quashed; verdicts of acquittal entered.

Orders

  • ['Appeal allowed' 'Convictions quashed on each count' 'Judgments of acquittal entered']