Dunks v R; Miller v R [2010] NSWCCA 312

Dunks v R; Miller v R [2010] NSWCCA 312

Upon the whole of the evidence it was not open to the jury to be satisfied beyond reasonable doubt that either appellant was guilty. The victim's identification was based principally on clothing and Aboriginality; the clothing descriptions given to police were specific and did not accord with the appellants' light-coloured clothing. The appellants' later presence with Mr Wilson, the CCTV footage, and the $40 found on Mr Dunks were neutral or insufficiently probative, and there was no acceptable evidence fixing the robbery time so as to connect the CCTV images with the offence. The guilty verdicts were therefore unreasonable and could not be supported by the evidence, causing a substantial...

Jurisdiction
Australia
Judgment Date
16 December 2010
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From District Court Convictions After Jury Trial
Outcome
Appeals allowed; convictions quashed and verdicts of acquittal entered for each appellant.
Legal Topics
['robbery in Company' 'appeal Against Conviction' 'unreasonable Verdict' 'identification Evidence' 'miscarriage of Justice']
['criminal Law' 'criminal Procedure'] ['robbery in Company' 'appeal Against Conviction' 'unreasonable Verdict' 'identification Evidence' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From District Court Convictions After Jury Trial

Legal Issues

  1. 1 ['Whether the jury verdicts finding the appellants guilty of robbery in company were unreasonable or could not be supported having regard to the evidence at trial.' 'Whether the identification evidence, CCTV footage, association with Mr Wilson, and cash found on Mr Dunks could prove beyond reasonable doubt that the appellants participated in the robbery.']

Ratio Decidendi

Upon the whole of the evidence it was not open to the jury to be satisfied beyond reasonable doubt that either appellant was guilty. The victim's identification was based principally on clothing and Aboriginality; the clothing descriptions given to police were specific and did not accord with the appellants' light-coloured clothing. The appellants' later presence with Mr Wilson, the CCTV footage, and the $40 found on Mr Dunks were neutral or insufficiently probative, and there was no acceptable evidence fixing the robbery time so as to connect the CCTV images with the offence. The guilty verdicts were therefore unreasonable and could not be supported by the evidence, causing a substantial...

Court Disposition

Appeals allowed; convictions quashed and verdicts of acquittal entered for each appellant.

Orders

  • ['Leave to appeal be granted to each of the appellants.' 'Convictions of guilty for each of the appellants on the charge of robbery in company be quashed.' 'Verdict of acquittal be entered in favour of each appellant on the charge of robbery in company.']