3 Nov 2010
MASON V R SC 47/2010
- Citation
- SC 47/2010
- Court
- Supreme Court
Count 3 was improperly composite because it alleged two distinct assaults of different character and seriousness (ear‑pulling and punching), one of which could attract the s59(1) defence; combining them risked an ambiguous, non‑unanimous verdict and prejudiced the accused, producing a substantial miscarriage of justice warranting quashing of the conviction.