Logan v R [2015] NSWCCA 116

Logan v R [2015] NSWCCA 116

After reviewing the CCTV footage and other evidence, the Court held that it was open to the jury to convict. The applicant was seen leaving Redfern railway station with the group shortly before the attack, wearing the distinctive black and white horizontally striped full-length skirt and white short-sleeved top; the other similarly dressed woman did not appear in that footage or later footage; the attack footage showed an attacker wearing a horizontally striped black and white skirt; and later footage showed the applicant with the group entering a Pitt Street building with no other woman wearing such clothing. The acquittal on count 1 did not establish that the applicant was not an...

Jurisdiction
Australia
Judgment Date
27 May 2015
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal Under S 5(1)(b) of the Criminal Appeal Act 1912 (nsw) and Appeal From District Court Conviction
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['aggravated Assault With Intent to Rob' 'unreasonable or Unsupported Verdict' 'identification Evidence' 'conviction Appeal']
['criminal Law' 'criminal Procedure' 'evidence'] ['aggravated Assault With Intent to Rob' 'unreasonable or Unsupported Verdict' 'identification Evidence' 'conviction Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal Under S 5(1)(b) of the Criminal Appeal Act 1912 (nsw) and Appeal From District Court Conviction

Legal Issues

  1. 1 ['Whether the verdict of guilty for aggravated assault with intent to rob was unreasonable or unable to be supported having regard to the evidence.' 'Whether the identification evidence, including CCTV footage and agreed facts, allowed the jury to be satisfied beyond reasonable doubt that the applicant participated in the attack on Anna Han.' "Whether the applicant's acquittal on count 1 supported the contention that she was not one of the offenders in count 2."]

Ratio Decidendi

After reviewing the CCTV footage and other evidence, the Court held that it was open to the jury to convict. The applicant was seen leaving Redfern railway station with the group shortly before the attack, wearing the distinctive black and white horizontally striped full-length skirt and white short-sleeved top; the other similarly dressed woman did not appear in that footage or later footage; the attack footage showed an attacker wearing a horizontally striped black and white skirt; and later footage showed the applicant with the group entering a Pitt Street building with no other woman wearing such clothing. The acquittal on count 1 did not establish that the applicant was not an...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']