Sio v The Queen

The High Court of Australia considered an appeal by Mr Sio against his conviction for armed robbery with wounding. Mr Sio had driven a person to a brothel, who then fatally stabbed a victim and stole money. Mr Sio was charged with murder and armed robbery with wounding. The jury acquitted him of murder but convicted him of armed robbery with wounding.

The central legal issues before the High Court were whether the jury's verdict of acquittal on the murder charge and conviction on the armed robbery with wounding charge were inconsistent, and whether a substituted verdict for armed robbery should be ordered, or a new trial granted. A further issue concerned the admissibility of hearsay evidence under s 65(2)(d) of the *Evidence Act 1995* (NSW), specifically regarding representations that Mr Sio had provided the knife used in the robbery, and whether such representations were made in circumstances likely to render them reliable.

The High Court allowed the appeal, quashing the conviction for armed robbery with wounding. The Court reasoned that the jury directions on the armed robbery with wounding charge had omitted the element of foresight of the use of a knife to wound. Furthermore, the Court found that it could not be concluded that the jury must have been satisfied beyond reasonable doubt of Mr Sio's guilt of armed robbery if the potentially unreliable hearsay evidence concerning the knife was excluded.

Consequently, the High Court set aside the order of the New South Wales Court of Criminal Appeal and ordered that the appeal to that court be allowed, the conviction on count 2 of the indictment be quashed, and a new trial be had for the offence of armed robbery.