R v Darby [1982] HCA 32

R v Darby [1982] HCA 32

The High Court determined that in Australia, the conviction of an alleged conspirator may stand even if their only alleged co-conspirator is acquitted, unless, considering all the circumstances, the conviction is inconsistent with the acquittal. The Court overruled the technical rule requiring mandatory acquittal of both and directed that focus should be on whether the verdicts are inconsistent in substance given the evidence and case specifics.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / High Court Appeal From Full Court Decision Following Conviction and Sentence at County Court, With Special Leave Application
Outcome
Application for special leave to appeal granted. Appeal allowed.
Legal Topics
['conspiracy' 'inconsistent Verdicts' 'effect of Acquittal in Joint Trials' 'criminal Appeals']
['criminal Law'] ['conspiracy' 'inconsistent Verdicts' 'effect of Acquittal in Joint Trials' 'criminal Appeals']

Case Brief

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Procedural Posture

Criminal Appeal / High Court Appeal From Full Court Decision Following Conviction and Sentence at County Court, With Special Leave Application

Legal Issues

  1. 1 ['Whether a conviction for conspiracy can stand after co-accused is acquitted in a joint trial' 'Whether the traditional rule requiring acquittal of both where one is acquitted should be retained in Australian law' "Whether the effect of an acquittal is conclusive of innocence for the purposes of a co-conspirator's conviction"]

Ratio Decidendi

The High Court determined that in Australia, the conviction of an alleged conspirator may stand even if their only alleged co-conspirator is acquitted, unless, considering all the circumstances, the conviction is inconsistent with the acquittal. The Court overruled the technical rule requiring mandatory acquittal of both and directed that focus should be on whether the verdicts are inconsistent in substance given the evidence and case specifics.

Court Disposition

Application for special leave to appeal granted. Appeal allowed.

Orders

  • ['Judgment of the Full Court of the Supreme Court of Victoria set aside.' 'Conviction and sentence of the County Court of Victoria affirmed.' 'Matter remitted to the Supreme Court of Victoria to make appropriate orders.']