Arun v Regina

[2010] NSWCCA 214

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Judge alone trial
5. › Principles on appeal from verdict of judge sitting without jury
6. › Whether verdict unreasonable or cannot be supported having regard to evidence
7. › Criminal Appeal Act 1912 (NSW), s 6(1)
1. Criminal Law
2. › Elements of offence
3. › Intent
4. › Throwing destructive substance with intent to burn
5. › Whether intention to burn established by circumstantial evidence
6. › Whether absence of means of ignition precluded finding of intent
7. › Crimes Act 1900 (NSW), s 47
1. Criminal Law
2. › Evidence
3. › Circumstantial evidence
4. › Indispensable links in chain of reasoning
5. › Whether particular fact constituted indispensable link
6. › Inference as to state of mind from combination of actions and utterances

Quick Take

The absence of a means of ignition (such as a lighter) in the hand of an accused at the time of throwing a destructive substance is not an indispensable link in the chain of reasoning towards guilt for an offence under s 47 of the Crimes Act 1900 (NSW). Intent to burn may be established by the combination of the accused's actions, verbal threats, and gestures, even without direct evidence of a means of ignition.

Case Details

Citation[2010] NSWCCA 214

CourtNSWCCA

JurisdictionNew South Wales

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Cited by4

2014Sabel v R; R v SabelNSWCCA 101
2013Hilton John Cawthray v RNSWCCA 105
2011Hedges v ReginaNSWCCA 263
2011FB v Regina; Regina v FBNSWCCA 217

Relies on12

2010R v DinhNSWCCA 74
2008Sultan v RNSWCCA 175
2007Keir v RNSWCCA 149
2005R v NiassNSWCCA 120
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