R v Previsic

In the matter of R v Previsic, the respondent appealed against a conviction for criminal damage. The appeal was heard in the Supreme Court of South Australia. The appellant was convicted in the Magistrates Court of damaging property belonging to another person, contrary to the provisions of the Criminal Damage Act. The issue before the Supreme Court was whether the trial judge erred in withdrawing from the jury's consideration the question of whether the property had actually been damaged. The court had to decide if the trial judge's actions constituted a miscarriage of justice.

The court held that the trial judge's withdrawal of the issue of whether the property was damaged from the jury's consideration was erroneous. The fact that the remediation of the alleged damage cost nothing did not, in and of itself, negate the possibility of damage occurring. The court emphasised that the jury should have been left to determine whether the property was damaged, irrespective of the cost of remediation. The court found that the trial judge's actions deprived the jury of a crucial element of the offence, thus constituting a miscarriage of justice. Consequently, the conviction was quashed, and the court entered a verdict and judgment of acquittal in favour of the appellant.

The Supreme Court allowed the appeal and quashed the conviction. A verdict and judgment of acquittal were entered in favour of the appellant.