Andrew O’Brien KC (led by Mr P Boulten SC) appeared for the Crown, instructed by the Commonwealth Department of Public Prosecution.
This case follows from R v Thompson; R v Farrugia (No. 2) [2019] NSWDC 329. The accused renewed their application for a verdict by direction in respect of count 1, which Judge Smith had previously directed the jury against. The Court considered the consistency of later facts relied upon by the Crown with the existence of an agreement and the evidence of Ms Cousins. It was held that it was not rationally open to exclude beyond reasonable doubt the evidence of Ms Cousins, and therefore for the jury to reach a guilty verdict on count one. The Court directed that the jury enter a verdict of not guilty in respect of this count.
The judgment can be read by clicking here
