Brown v R [2019] NSWCCA 185
It was open to the jury on the whole of the evidence to be satisfied beyond reasonable doubt that the applicant had reached an agreement with the co-offender that the co-offender would fire the firearm at Wyndarra Way, with the applicant present and participating in a joint criminal enterprise; there is no inconsistency in the verdicts.
- Jurisdiction
- Australia
- Judgment Date
- 12 August 2019
- Procedural Posture
- Conviction Appeal / Leave to Appeal and Substantive Appeal
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- ['joint Criminal Enterprise' 'verdict Reasonableness' 'firearms Offences' 'circumstantial Evidence' 'unreasonable Verdict' 'differential Verdicts']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Conviction Appeal / Leave to Appeal and Substantive Appeal
Legal Issues
- 1 ['Whether the verdict on count 2 was unreasonable and could not be supported by evidence' 'Whether the verdicts were inconsistent' "Whether the applicant's knowledge of the co-offender's possession of a firearm was established" 'Whether it was open to the jury to be satisfied beyond reasonable doubt that the applicant was party to a joint criminal enterprise']
Ratio Decidendi
It was open to the jury on the whole of the evidence to be satisfied beyond reasonable doubt that the applicant had reached an agreement with the co-offender that the co-offender would fire the firearm at Wyndarra Way, with the applicant present and participating in a joint criminal enterprise; there is no inconsistency in the verdicts.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- ['Leave to appeal granted.' 'Appeal dismissed.']
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