13 Oct 2011
The appeal was allowed because the trial judge failed to put the defence case fairly and accurately to the jury; because the error was one of direction and not a demonstration of prosecutorial insufficiency, substitution for manslaughter under s.83A(2) was inappropriate and a retrial for murder was ordered; the applicant to remain in custody pending retrial.
9 Mar 2011
The conspiracy conviction was quashed because the trial judge widened the basis of the prosecution case without alerting the defence and thereby caused a material irregularity depriving the appellants of a fair trial; however, the judge's separate, detailed and untainted findings that the appellants committed the substantive thefts were sufficient, in a judge-alone trial, to permit substitution of convictions on the four theft counts under s.83A CPO; sentencing on the substituted theft convictions was ordered to be four years concurrent, with time already served to be credited and an opportun…