Andrew O’Brien KC appeared for the Crown, instructed by the Commonwealth Department of Public Prosecution.
This case concerned two men, Mr Thompson and Mr Farrugia, who were tried on indictment on three charges. The accused each made an application that there be directed verdicts of not guilty on each count. The Court considered the relevant principles as set out in Mr Thompson’s written submissions, which provided that only if there is no evidence on which a jury, properly directed, could convict, could there be a directed verdict (i.e. no logical evidential basis to conclude each element of the relevant offence had been established). The Court concluded that there should be a directed verdict in respect of counts 2 and 3, but not in respect of count 1.
The judgment can be read by clicking here
