2 Jun 2011
STEWART v R SC 28/2011
- Citation
- SC 28/2011
- Court
- Supreme Court
Where the only possible principal offender is acquitted or discharged on appeal because fresh evidence raises reasonable doubt as to whether the primary offence occurred, the conviction of a secondary party for encouraging that offence is unsustainable and must be quashed because no primary offence can be proved, producing a substantial miscarriage of justice and unjust inconsistency.