Andrew O’Brien appeared for the appellant (TAZ), instructed by the Jones & Associates.
The judgment concerned appeals against conviction and for retrial by both appellants, regarding a previous judgment where the appellants were both found to have committed murder.
The central issues considered were whether there was an unreasonable verdict by reason of inconsistencies and concessions given to oral evidence that was central to the Crown’s case, and whether the trial judge’s directions were inconsistent and apt to confuse the jury occasioning a miscarriage of justice.
The Court found that the verdict was not unreasonable, however the trial judge’s directions in respect of post-offence conduct caused a miscarriage of justice. The Court allowed the appeal for both appellants and ordered a retrial.
The judgment can be read by clicking here
