Rasic v R; Johnny Lee Vella v R; Damien Charles Vella v R [2009] NSWCCA 202

Rasic v R; Johnny Lee Vella v R; Damien Charles Vella v R [2009] NSWCCA 202

Assessing the totality and cumulative effect of the evidence, including the CCTV footage, witness evidence, the Appellants' immediate departure from the hotel, the taking and later use of Mr Psaroudis' American Express card, and the implausibility of the Appellants' accounts that they were rescuers, it was open to the jury to be satisfied beyond reasonable doubt of each challenged conviction. The inconsistencies in witness evidence were explicable in the context of a sudden violent incident and did not demonstrate a significant possibility that an innocent person had been convicted.

Jurisdiction
Australia
Judgment Date
18 August 2009
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Convictions and Appeal Against Convictions in the Court of Criminal Appeal
Outcome
Leave granted to each Appellant to appeal against his convictions; each appeal dismissed.
Legal Topics
['robbery in Company' 'obtaining a Valuable Thing by Deception' 'unreasonable Verdict' 'jury Verdicts' 'cctv Evidence' 'inferences From Evidence' 'leave to Appeal']
['criminal Law' 'evidence' 'criminal Procedure'] ['robbery in Company' 'obtaining a Valuable Thing by Deception' 'unreasonable Verdict' 'jury Verdicts' 'cctv Evidence' 'inferences From Evidence' 'leave to Appeal']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Convictions and Appeal Against Convictions in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the jury verdicts were unreasonable or could not be supported having regard to the evidence under s.6(1) Criminal Appeal Act 1912.' 'Whether, upon the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that each Appellant was guilty of the offences challenged on appeal.' 'Whether inconsistencies in witness accounts concerning the number, description and movements of persons involved created a significant possibility that innocent persons had been convicted.' 'Whether the evidence supported the defence contention that the Appellants were rescuers rather than attackers.' 'Whether the evidence supported the convictions of Johnny Lee Vella and Damien Charles Vella for obtaining a valuable thing by deception.']

Ratio Decidendi

Assessing the totality and cumulative effect of the evidence, including the CCTV footage, witness evidence, the Appellants' immediate departure from the hotel, the taking and later use of Mr Psaroudis' American Express card, and the implausibility of the Appellants' accounts that they were rescuers, it was open to the jury to be satisfied beyond reasonable doubt of each challenged conviction. The inconsistencies in witness evidence were explicable in the context of a sudden violent incident and did not demonstrate a significant possibility that an innocent person had been convicted.

Court Disposition

Leave granted to each Appellant to appeal against his convictions; each appeal dismissed.

Orders

  • ['Grant each Appellant leave to appeal against his convictions.' 'Dismiss the appeal of Simon Rasic.' 'Dismiss the appeal of Johnny Lee Vella.' 'Dismiss the appeal of Damien Charles Vella.']