Pagliari v R [2026] NSWCCA 133

Pagliari v R [2026] NSWCCA 133 examines an unreasonable-verdict challenge to a conviction for aggravated break and enter and committing intimidation, centred on the identity of a man depicted in CCTV footage. The circumstantial Crown case linked Pagliari to a beer can discarded outside the home through a partial DNA profile recovered from its mouthpiece. The key issue was whether a reasonable alternative remained that Pagliari had merely shared the can while staying in the car. Independently assessing the whole evidence, the Court held that hypothesis was a bare or unreasonable possibility and that the jury could find identity beyond reasonable doubt. Leave was granted, but the appeal was dismissed.