Published 26 November 2018
Application to dismiss charge — s 147 Criminal Procedure Act 2011— R v Flyger — Paris v Attorney General. The defendant was on trial for two charges of theft and applied to have these charges dismissed pursuant to s 147(4)(c) of the Criminal Procedure Act 2011. It was alleged that the defendant had stolen 10 calves and 20 cows from his employer and then sold them online. In order for a charge to be dismissed, the judge must be satisfied that, as a matter of law, a properly directed jury could not reasonably convict the defendant. The application was advanced on the basis that there was no evidence from the complainant specifically about calves being missing from his farm. It was submitted that the Crown would be going beyond asking the jury to draw an inference, into the realm of asking them to speculate. The judge considered that in the absence of any evidence about how the defendant came to be in possession of the calves and cows, the Crown would be entitled to ask the jury to draw inferences. Questions of fact and inference were for the jury to decide. The application to dismiss the charges was declined. Judgment Date: 21 February 2018.
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