TYK v Police

Key Words: District Court appeal against conviction – convicted in Local Court after hearing of larceny – section 117 Crimes Act 1900 – appellant sentence to imprisonment – appeal successful conviction quashed – verdict of not guilty entered

Facts

TYK pleaded not guilty to stealing after he was found by Police with a large number of stolen items in his motor vehicle. He was not the only occupant of the motor vehicle and when apprehended by police he maintained that the stolen items were not his.

After hearing the matter, the Local Court Magistrate convicted TYK and sentenced him to 12 months imprisonment with a non-parole period of 9 months. TYK appealed against the conviction and was granted appeals bail pending his appeal in the Sydney District Court.

Outcome

The matter was listed for hearing in the Sydney District Court and the appeal judge considered the case and all the evidence afresh. Submissions were made that the evidence was incapable of establishing that the appellant was the possessor of the stolen items. It was submitted that there were hypotheses inconsistent with his guilt and consistent with his innocence, thus he could not be convicted beyond reasonable doubt.

The appeal judge in the District Court found that he could not be satisfied that TYK had stolen the items. The conviction was quashed. A verdict of not-guilty was entered and TYK was immediately discharged.