R v Perdikoyiannis No. SCCRM-03-82, SCCRM-03-83

(2003) 86 SASR 262; [2003] SASC 310

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A trial judge's summing up on the standard of proof must be assessed as a whole; a minor imperfection in expressing the reasonable possibility test in relation to duress does not give rise to a miscarriage of justice where the general directions were clear and accurate.
Under Benbolt v The Queen, a trial judge must leave alternative verdicts that are available as a matter of law and reasonably open on the evidence, but on the facts the suggested alternatives (s 23 grievous bodily harm and s 155 robbery) were not reasonably open where the evidence and prosecution case established the accused's participation in a plan involving the very offences charged, and leaving them risked a compromise verdict.
To the extent Benbolt held that conviction on the greater offence necessarily answers a complaint about failure to leave lesser alternatives, that aspect is no longer good law following Gilbert v The Queen (2000) 201 CLR 414.

Citation[2003] SASC 310

Reported(2003) 86 SASR 262

CourtSASC

JurisdictionSouth Australia

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