Sio v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,BELL, GAGELER, KEANE AND GORDON JJDANIEL JEFFEREY SIO  APPELLANT/APPLICANTANDTHE QUEEN  RESPONDENTSio v The Queen[2016] HCA 3224 August 2016S83/2016 & S241/2015ORDERMatter No S241/2015Grant special leave to include, as a further ground of appeal in Matter No S83/2016, ground 2.2 of the Draft Notice of Appeal filed on 20 November 2015.Matter No S83/20161.Appeal allowed.2.Set aside order 2 of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 31 March 2015, and in its place order that:(a)the appeal be allowed;(b)the appellant's conviction on count 2 of the indictment be quashed; and(c)a new trial be had for the offence of armed robbery.On appeal from the Supreme Court of New South WalesRepresentationT A Game SC with J L Roy for the appellant/applicant (instructed by Sydney Criminal and Traffic Lawyers)L A Babb SC with G M O'Rourke SC for the respondent (instructed by Solicitor for Public Prosecutions (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSio v The QueenCriminal law – Criminal liability – Inconsistent verdicts – Where appellant drove person to brothel – Where person intended to commit robbery – Where person fatally stabbed victim and took money – Where appellant charged with murder and armed robbery with wounding – Where jury directions on armed robbery with wounding charge omitted element of foresight of use of knife to wound – Where appellant acquitted of murder and convicted of armed robbery with wounding...