A judge has directed a jury to find a man accused of a masked robbery and break-in at a Tamworth home not guilty of the charges due to a lack of evidence in the case against him.
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Judge Andrew Coleman told a jury of 12 men and women in Tamworth District Court the evidence against Jermaine Sands given during the trial was not sufficient to establish the elements of the charges against him.
The charges stemmed from a robbery at a home on Thompson Crescent, South Tamworth, on March 2, 2022.
On Friday, May 3, 2024, Judge Coleman directed the jury to find Sands not guilty of the two charges levelled against him.
"The verdict must come from you, but you have no choice," Judge Coleman told the jury.
He asked the jury if they, in accordance with his direction, found the accused not guilty of the charges.
"Yes," one juror told the court.
The trial against Sands opened in the Tamworth court on May 1, and was expected to run for two days.
During opening statements, the court heard it was the Crown's case Sands was one of three "balaclava-clad" men who broke into the home, robbed a woman, assaulted a man, all while armed with a dangerous weapon on March 2, 2022.
Sands was arrested and charged with the allegations by police on August 2, 2022.
The jury heard on the first day of the trial it was not in dispute a robbery took place, a break-in occurred, and a man was assaulted and suffered an injury to his hand.
"The real issue is can the Crown prove the accused was one of the trio," the prosecutor said.
During the trial the jury heard evidence from two witnesses.
After the not guilty verdict was directed Sands was acquitted of the charges.
"Mr Sands you are discharged and free to go," Judge Coleman told the 24-year-old.