Omigie v The King

Case [2024] NSWCCA 205


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Omigie v R [2024] NSWCCA 205
Hearing dates: 26 July 2024
Date of orders: 11 November 2024
Decision date: 11 November 2024
Before: Harrison CJ at CL at [1];
Dhanji J at [101];
Rigg J at [102]
Decision:

(1) Extend the time within which to bring the appeal.

(2) Grant leave to appeal.

(3) Dismiss the appeal.

Catchwords:

CRIME – appeal – appeal against conviction – unreasonable verdict – single driving incident that resulted in a series of collisions that caused injury and death – driving in a manner dangerous – misconduct by driving – failure to stop and render assistance – where applicant’s vehicle did not come into contact with another vehicle – where evidence that other drivers avoided the applicant – whether the applicant was “involved in an impact occasioning death” within the meaning of s 52A(6) Crimes Act 1900 (NSW) – whether verdicts open on the evidence

CRIME – appeal – appeal against conviction – inconsistent verdicts – acquittal on one count of misconduct by driving pursuant to s 53 Crimes Act 1900 (NSW) – inability to reach verdict on a separate count of misconduct by driving pursuant to s 53 Crimes Act 1900 (NSW) – where the facts of the misconduct charges were the same facts that led to a conviction for dangerous driving pursuant to s 52A Crimes Act 1900 (NSW) – whether verdicts inconsistent

Legislation Cited:

Crimes Act 1900 (NSW) ss 52A, 52AB, 53

Cases Cited:

AH v R [2019] NSWCCA 152

Baden-Clay v The Queen (2016) 258 CLR 308; [2016] HCA 35

Barney v R [2023] NSWCCA 85

Daaboul v R (2019) 100 NSWLR 682; [2019] NSWCCA 191

Dansie v The Queen (2022) 274 CLR 651; [2022] HCA 25

Jiminez v R (1992) 173 CLR 572; [1992] HCA 14

M v The Queen (1994) 181 CLR 487; [1994] HCA 63

Mackenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35

MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53

Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75

PA v R [2015] NSWCCA 18; (2015) 253 A Crim R 154

Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12

R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290

R v Saunders [2002] NSWCCA 362; (2002) A Crim R 104

R v TK (2009) 74 NSWLR 299; [2009] NSWCCA 151

Reyne (a pseudonym) v R [2022] NSWCCA 201; (2022) 302 A Crim R 297

Saunders v R [2022] NSWCCA 273

SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13

SM v R [2022] NSWCCA 13

Smith v R [2023] NSWCCA 118

Still v R [2010] NSWCCA 131

Walker v R [2019] NSWCCA 4

Category:Principal judgment
Parties: Francis Omigie (Appellant)
Rex (Respondent)
Representation:

Counsel:
J Cohen (Appellant)
E Nicholson (Respondent)

Solicitors:
Eddy Neumann Lawyers (Appellant)
Office of…

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Omigie v The King [2024] NSWCCA 205
Case
[2024] NSWCCA 205
Decision Date

CaseChat Overview and Summary

Omigie was convicted of dangerous driving causing death, while also being acquitted of one count of driving misconduct and failing to reach a verdict on another count of driving misconduct. The Crown appealed against the acquittal on one count and the jury's failure to reach a verdict on the other. The court had to determine whether the verdicts were open on the evidence. The court examined the legal definitions and requirements for each charge under the Crimes Act 1900 (NSW), considering whether the applicant's actions constituted the statutory elements for each offence. The court examined whether the applicant's vehicle was involved in an impact occasioning death, and whether the verdicts were inconsistent given the identical facts underlying each charge. The court concluded that the jury's verdicts were open on the evidence, and there was no inconsistency in the verdicts as the applicant was acquitted of one charge and the jury could not reach a verdict on the other. The appeal against the acquittal was dismissed, and the inconsistent verdicts were accepted as legally permissible.

The court's reasoning hinged on the interpretation of statutory language and the jury's role in determining factual questions. The court held that the jury's determination of whether the applicant's vehicle was involved in an impact occasioning death was a matter of fact, and the jury was entitled to acquit the applicant of one count while failing to reach a verdict on another. The court further held that the verdicts were not inconsistent as they were based on the same set of facts, and the jury's inability to reach a verdict on one charge did not affect the validity of the acquittal on another. The court concluded that the jury's verdicts were open on the evidence, and there was no legal error in the jury's decision-making process. The applicant's acquittal on one count of misconduct by driving was upheld, and the jury's failure to reach a verdict on another count was accepted as a valid outcome.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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