Under s 326(3) of the Crimes Act 1900 (NSW), it is sufficient for the Crown to prove that the accused's belief that the victim was a witness was part of the reason for the assault; the Crown need not prove it was the sole reason. A misdirection that is favourable to the accused will not give rise to a miscarriage of justice where the jury, having convicted on the narrower (erroneous) direction, would necessarily have convicted on the correct direction. On a Crown sentence appeal, the Crown cannot rely on aspects of criminal conduct it expressly abandoned at the sentencing hearing.
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