Scott Alan May v Regina [2012] NSWCCA 111

Scott Alan May v Regina [2012] NSWCCA 111

The appellant lost a real chance of acquittal due to a misdirection regarding extended joint criminal enterprise, involving references to possible foundational offences not present in the evidence, thereby causing a miscarriage of justice, and the evidence was not sufficient to support the conviction beyond reasonable doubt given the unreliability of the key witness.

Jurisdiction
Australia
Judgment Date
31 May 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; verdict of acquittal entered
Legal Topics
['appeal' 'conviction' 'evidence' 'unreasonable Verdict' 'joint Criminal Enterprise' 'jury Directions' 'alternative Verdicts']
['criminal Law'] ['appeal' 'conviction' 'evidence' 'unreasonable Verdict' 'joint Criminal Enterprise' 'jury Directions' 'alternative Verdicts']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdict of guilty was unreasonable and not supported by the evidence' 'Whether the trial judge misdirected the jury on extended joint criminal enterprise' "Whether evidence was capable of independently verifying key witness's account" 'Whether the manslaughter alternative should have been left to the jury']

Ratio Decidendi

The appellant lost a real chance of acquittal due to a misdirection regarding extended joint criminal enterprise, involving references to possible foundational offences not present in the evidence, thereby causing a miscarriage of justice, and the evidence was not sufficient to support the conviction beyond reasonable doubt given the unreliability of the key witness.

Court Disposition

Appeal allowed; conviction quashed; verdict of acquittal entered

Orders

  • ['Appeal against conviction allowed' 'Conviction quashed' 'Verdict of acquittal entered']