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AUST & NZ JOURNAL OF CRIMINOLOGY (September 1982) 15 (129-130) EDITORIAL The recent decision of the High Court of Australia in R u Darby (1982) 40 ALR 594 raises questions of central significance for all concerned with the criminal justice system. In that case, Darby had been charged with one Thomas with conspiracy to commit armed robbery; there were no other persons alleged to have been party to the conspiracy. Both Darby and Thomas were tried together in the County Court of Victoria and convicted. Thomas appealed against his conviction to the Victorian Court of Criminal Appeal on the ground that, while there was a strong case that he conspired with Darby to commit a criminal act, the evidence did not establish what the completed crime was. The Court of Criminal Appeal upheld the appeal by Thomas and quashed his conviction. Darby then sought leave to appeal to the same court against his conviction on the ground that his conviction for conspiracy with Thomas could not stand since Thomas had been acquitted of that conspiracy. The Court of Criminal Appeal accepted the argument and quashed Darby's conviction. The Crown then sought leave to appeal. The High Court in a
Australian & New Zealand Journal of Criminology – SAGE
Published: Sep 1, 1982
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