Kerin v The Queen
Case
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[2022] SASCA 19
•17 March 2022
Details
AGLC
Case
Decision Date
Kerin v The Queen [2022] SASCA 19
[2022] SASCA 19
17 March 2022
CaseChat Overview and Summary
In *Kerin v The Queen*, the Court of Appeal of the Supreme Court of New South Wales considered an appeal by the applicant against his convictions for property offences. The specific nature of the property offences and the factual dispute are not detailed in the provided text, but the appeal concerned the applicant's convictions on two counts.
The central legal issues before the Court of Appeal were whether the convictions on Counts 1 and 2 were unsafe or unsatisfactory, and consequently, what orders should be made in relation to those convictions. The Court was required to determine whether to uphold the convictions, quash them and enter a verdict of acquittal, or order a new trial.
The Court, allowing the appeal on Ground 5, determined that the convictions on Counts 1 and 2 were unsafe or unsatisfactory. Consequently, the Court quashed these convictions. However, rather than entering a verdict of acquittal, the Court ordered a new trial on Counts 1 and 2. The compensation order made by the trial judge was affirmed and remains unaffected by the appeal.
The central legal issues before the Court of Appeal were whether the convictions on Counts 1 and 2 were unsafe or unsatisfactory, and consequently, what orders should be made in relation to those convictions. The Court was required to determine whether to uphold the convictions, quash them and enter a verdict of acquittal, or order a new trial.
The Court, allowing the appeal on Ground 5, determined that the convictions on Counts 1 and 2 were unsafe or unsatisfactory. Consequently, the Court quashed these convictions. However, rather than entering a verdict of acquittal, the Court ordered a new trial on Counts 1 and 2. The compensation order made by the trial judge was affirmed and remains unaffected by the appeal.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
Legal Concepts
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Appeal
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Charge
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Sentencing
Actions
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Citations
Kerin v The Queen [2022] SASCA 19
Most Recent Citation
RGB v Police [2022] SASC 124
Cases Cited
11
Statutory Material Cited
1
R v Kerin Criminal Trial by Judge Alone
[2014] SASC 19
R v Drummond (No 2)
[2015] SASCFC 82
Gilham v R
[2012] NSWCCA 131