Supreme Court judge's error sees Sydney man's murder conviction quashed

A NSW Supreme Court judge’s decision to allow a jury to reach a verdict without unanimous support has seen a murder conviction quashed.

However Roy Tabalbag, who told the court he was a “demon possessed” when he stabbed his girlfriend’s lover Amin Sthapit to death in a Darling Point unit in November 2013, will likely face a retrial.

He was convicted of murder last year and has always admitted to stabbing Mr Stahpit, who was having an affair with Tabalbag’s girlfriend Geecy Rebucas, however he went to trial pleading guilty of manslaughter by reason of provocation.

Today, the Court of Criminal Appeal ruled that Justice Michael Adams had erred in allowing a guilty verdict that was reached by a 10-1 majority.

The Court ruled the trial had not been conducted according to law and ordered a new trial.

The ruling means Tabalbag’s murder conviction and 12 year jail sentence have been thrown out.

He will remain in custody as he awaits a retrial.