R. v Gebert, Haley and Black File Nos. SCCRM 92/461, 92/346, 92/381 Judgment No. 3637 Number of Pages 9 Criminal Law and Procedure Evidence (1992) 60 Sasr 110

The appellants in this case were jointly charged with conspiracy to commit armed robbery and possessing a firearm with intent to cause an offence. They were found guilty on the first charge and the jury did not return a verdict on the second charge. The appellants appealed against their convictions on the grounds that the trial judge erred in law by rejecting their submissions that there was no case to answer, that the verdict was unreasonable and unsafe, and that the trial judge misdirected the jury on the onus of proof and the use of circumstantial evidence. The court examined the evidence presented in the Crown case and the inferences that could be drawn from it to determine whether there was a case to answer. The court found that the evidence and inferences were sufficient to prove beyond reasonable doubt that the appellants were party to a conspiracy to commit an armed robbery. The court also found that the trial judge's directions to the jury on the onus of proof and the use of circumstantial evidence were adequate and did not misdirect the jury. The appeal was dismissed. The final orders were that the appeal be dismissed.