June 24, 2013

LC v R: Appeal of miscarriage of justice in murder trial

Murder, Crimes Act 1900 Section 18; appeal; miscarriage of justice; re-trial ordered

Facts – Murder Conviction LC v R

LC was found guilty of murder following a trial in the Supreme Court of NSW. He was sentenced to a term of imprisonment of 18 years imprisonment with a non-parole period of 14 years and 6 months. LC appealed to the Court of Criminal Appeal against both his conviction and sentence.

Held

The Court of Criminal Appeal held that there had been a miscarriage of justice as an alternative verdict of manslaughter was not left to the jury. This was despite such an alternative being ‘open on the evidence’. The CCA held that LC had lost a real chance of being found not guilty of murder but guilty of manslaughter. A re-trial has been ordered.

Testimonial

Thank you for what you have done for my son. I cannot tell you how happy we are to have received this news. Thank you for your hard work.” – LC

If you need to appeal a verdict or sentence severity, contact O’Brien Solicitors on (02) 9261 4281 24 hours a day, 7 days a week to get help from one of our appeal lawyers in our Sydney office.