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Lynette Kaye Stewart v The Queen - SC 28/2011

Summary

Criminal Appeal – Sexual Offences – Party Liability – Applicant convicted as party to sexual violation by unlawful sexual connection – Court of Appeal allowed new medical evidence in principal offender’ s appeal and quashed principal offender’s conviction ordering re-trial – Whether quashing of principal offender’s conviction renders applicant’ s conviction unsafe.CA 515/2005

Result

Appeal allowed. Conviction quashed.  No order for new trial. 2 June 2011.

Related Documents

Leave judgment - leave granted — STEWART v R SC 28/2011 [12 May 2011] (PDF 7 KB)

Substantive judgment — STEWART v R SC 28/2011 [2 June 2011 (PDF 56 KB)

Additional Information

Hearing

2 June 2011

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.

Dates

A  The application for leave to appeal is granted.

B  The approved ground is whether the conviction can stand in light of the quashing of the conviction of the person with whom the appellant was jointly charged and her discharge under s 347 of the Crimes Act 1961.

12 May 2011