R v GREY [2002] NSWCCA 144

R v GREY [2002] NSWCCA 144

Because the co-accused husband's successful High Court appeal showed that the appellant's conviction on count 15 would also have been quashed, and because the Director did not propose to retry the husband, the appeal should be allowed, the conviction quashed, and a verdict of not guilty substituted rather than ordering a new trial.

Jurisdiction
Australia
Judgment Date
17 April 2002
Procedural Posture
Criminal Appeal / Appeal to the New South Wales Court of Criminal Appeal
Outcome
Appeal allowed. Conviction quashed. Verdict of not guilty substituted.
Legal Topics
['appeal Against Conviction' 'co Accused Appeal' 'disposal of Stolen Motor Vehicle' 'nolle Prosequi' 'substituted Verdict of Not Guilty']
['criminal Law' 'criminal Procedure'] ['appeal Against Conviction' 'co Accused Appeal' 'disposal of Stolen Motor Vehicle' 'nolle Prosequi' 'substituted Verdict of Not Guilty']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the appellant's conviction on count 15 should be quashed in light of the successful High Court appeal by her co-accused husband." 'Whether a new trial should be ordered where the Director of Public Prosecutions did not propose to retry the co-accused.']

Ratio Decidendi

Because the co-accused husband's successful High Court appeal showed that the appellant's conviction on count 15 would also have been quashed, and because the Director did not propose to retry the husband, the appeal should be allowed, the conviction quashed, and a verdict of not guilty substituted rather than ordering a new trial.

Court Disposition

Appeal allowed. Conviction quashed. Verdict of not guilty substituted.

Orders

  • ['Appeal allowed.' 'Conviction on count 15 quashed.' 'Verdict of not guilty substituted.']