TWL v R (No 2) [2012] NSWCCA 93

TWL v R (No 2) [2012] NSWCCA 93

The Court had made an independent assessment of the evidence and found it was open to the jury to convict; that sufficed to justify a retrial and refusal to enter an acquittal. Expressing a view on the appellant's actual guilt would be unfair and inappropriate where a retrial is to occur.

Jurisdiction
Australia
Judgment Date
15 May 2012
Procedural Posture
Criminal Law Appeal / Application to Set Aside Order for Retrial After Conviction Quashed and Retrial Ordered
Outcome
application dismissed
Legal Topics
['conviction Appeal' 'unreasonable Verdict' 'retrial' 'application of SKA V the Queen' 'assessment of Evidence']
['criminal Law'] ['conviction Appeal' 'unreasonable Verdict' 'retrial' 'application of SKA V the Queen' 'assessment of Evidence']

Case Brief

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Procedural Posture

Criminal Law Appeal / Application to Set Aside Order for Retrial After Conviction Quashed and Retrial Ordered

Legal Issues

  1. 1 ['Whether the Court fully dealt with the ground that the verdict was unreasonable and not supported by the evidence' 'Whether the order for retrial should be set aside and a verdict of acquittal entered' "Whether the Court should express a view on the appellant's guilt"]

Ratio Decidendi

The Court had made an independent assessment of the evidence and found it was open to the jury to convict; that sufficed to justify a retrial and refusal to enter an acquittal. Expressing a view on the appellant's actual guilt would be unfair and inappropriate where a retrial is to occur.

Court Disposition

application dismissed

Orders

  • ['The application to set aside the order for retrial is dismissed.']