Nasaris v The Queen

The appeal in *Nasaris v The Queen* concerned a conviction for arson. The appellant, Nasaris, was found guilty of arson by reason of his participation in a joint criminal enterprise. The prosecution's case relied heavily on circumstantial evidence, including DNA analysis and location data, to establish Nasaris's involvement.

The central legal issues before the court were whether the jury's verdict was unreasonable or insupportable having regard to the evidence, and the proper application of the *Shepherd* direction in relation to the DNA evidence. Specifically, the court considered whether the prosecution had proven beyond reasonable doubt that the appellant was one of the two occupants of a vehicle involved in the arson and, consequently, guilty of the offence. The court also addressed the trial judge's direction to the jury that any connection between the appellant and a log splitter, found at the scene and bearing the appellant's DNA, must have occurred in incriminating circumstances.

The Court of Appeal dismissed the appeal, holding that the prosecution's case, when considered in its totality, provided ample basis for the jury to be satisfied beyond reasonable doubt of the appellant's guilt. The court found that the DNA evidence, which established a highly probable link between the appellant and the log splitter used to break into the premises, when combined with other circumstantial evidence, was sufficient to support the jury's verdict. While the court expressed reservations about the trial judge's decision to exclude certain evidence and the correctness of the *Shepherd* direction, these issues were not determinative of the appeal's outcome.