R v Cherry

The appellant was convicted in the Supreme Court of Victoria of two counts of murder and was sentenced to imprisonment. The appeal was brought against the conviction and sentence, on several grounds. The central issue was whether, on the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty of the murder charges. Other issues included the application of the law of complicity and common purpose, the decision of the prosecutor not to call certain witnesses, and the propriety of joining the two murder charges.

The Court examined the evidence and concluded that it was open to the jury to find the appellant guilty of murder on both counts. The Court held that the evidence was sufficient to establish the appellant's complicity in the murders under the law of common purpose. The Court found that the prosecutor's decision not to call certain witnesses did not amount to a miscarriage of justice, as the evidence from those witnesses would not have contradicted the Crown case but would have been subject to cross-examination. The Court also found that there was a sufficient nexus between the two murder charges to justify their joinder.

The appeal was dismissed. The conviction and sentence of the appellant were affirmed.