Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Rubasha v R [2021] NSWCCA 319 Hearing dates: 3 December 2021 Date of orders: 21 December 2021 Decision date: 21 December 2021 Before: Beech-Jones CJ at CL at [1]
Rothman J at [52]
Wilson J at [61]Decision: (1) Grant leave to the Applicant to raise grounds 1 and 2 of the Appeal;
(2) Appeal allowed;
(3) Set aside the conviction on 18 February 2021 for conspiracy to rob whilst armed with a dangerous weapon;
(4) In lieu thereof, order that an acquittal be entered.
Catchwords: CRIME – applicant convicted of conspiracy to rob – indictment confined conspiracy to rob a person in a particular street in particular suburb – Crown conducted its case on that basis – unreasonable verdict – sufficiency of evidence to demonstrate object of conspiracy was to rob someone in that street – sufficient of evidence to demonstrate that applicant was a participant in conspiracy – whether miscarriage of justice arising from trial judge’s direction in response to jury question about proposed location of robbery – held – verdict unreasonable because of strength of evidence said to demonstrate object of conspiracy was to rob a person in particular street – other grounds rejected – acquittal entered.
Legislation Cited: Criminal Appeal Act 1912
Cases Cited: Ahern v R (1988) 165 CLR 87; [1988] HCA 39
Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42
Coughlan v The Queen (2020) 267 CLR 654; [2020] HCA 15
Gerakiteys v The Queen (1983) 153 CLR 317; [1983] HCA 8
Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12;
R v Alameddine [2012] NSWCCA 63
Category: Principal judgment Parties: Emmanuel Rubasha (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
J Clarke (Applicant)
C Dodds (Crown)
James and Jaramillo Legal (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2019/366222 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 09 April 2021
- Before:
- Syme DCJ
- File Number(s):
- 2019/366222
Judgment
-
BEECH-JONES CJ at CL: This is an appeal under s 5(1) of the Criminal Appeal Act 1912 against a conviction for an offence of conspiracy to rob. The grounds of appeal relate to the manner in which the Crown confined its case to proving that the object of the conspiracy was to rob a person located on a specific street in Greenacre. For the reasons set out below, because the Crown confined its case in that manner, I am satisfied that the Applicant’s conviction was unreasonable or unable to be supported by the evidence and should be set aside (Criminal Appeal Act, s 6(1)).
The Crown Case
-
On 15 February 2021 the Applicant was…
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- AGLC
- Rubasha v The Queen [2021] NSWCCA 319
- Case
- [2021] NSWCCA 319
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the verdict was unreasonable due to the strength of the evidence indicating the object of the conspiracy was to rob someone in the particular street. The court held that there was sufficient evidence to demonstrate that the applicant was a participant in the conspiracy. The Crown conducted its case on the basis that the conspiracy was to rob a person in a particular street in a particular suburb, and the jury was properly directed to consider the evidence in that context. However, the trial judge's direction in response to a jury question about the proposed location of the robbery was problematic. The court found that the direction did not result in a miscarriage of justice as it did not affect the safety of the verdict. The other grounds of appeal were also rejected by the court.
The Court of Appeal concluded that the verdict was unreasonable due to the strength of the evidence indicating the object of the conspiracy was to rob someone in the particular street. The applicant's appeal was allowed, and an acquittal was entered. The Court of Appeal found that the trial judge's direction in response to a jury question about the proposed location of the robbery did not result in a miscarriage of justice and did not affect the safety of the verdict. The applicant's conviction was quashed, and he was acquitted of the offence.
Orders
Orders of the court
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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
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