In a 2-1 majority decision, Court of Appeal Justices Mark Weinberg and David Beach ordered Jasmin Destanovic's convictions be quashed because of a miscarriage of justice. The court's president, Justice Chris Maxwell, however disagreed with the decision.

A County Court jury had found Destanovic, Taniora Tangaloa and Jack Vaotangi guilty of armed robbery, aggravated burglary and intentionally causing serious injury.

Tangaloa and Destanovic were jailed for eight years with a minimum of five years, while Vaotangi was jailed for seven-and-a-half years with a minimum of four-and-a-half years.

The Crown case against the three men was that Stephen Jones, a former Bandidos bikie, was at his Epping home when the men kicked in the front door at about 7.30pm on January 15, 2009.

"Two of the men restrained the complainant (Mr Jones) by the shoulders on the floor of his bedroom, while a third put him in a headlock and put a handgun into his mouth," Justices Weinberg and Beach said in their judgment when ordering a retrial.

"The man with the handgun demanded the keys to two Harley Davidson motorcycles the complainant owned and all the money he had in the house.

"The man with the handgun then told the complainant that he was going to die.

"This offender then counted to three and pulled the trigger of the handgun.

"The complainant heard a 'click' sound, but the handgun was not loaded. The complainant lost control of his bladder in fear."

The judges said the gunman, identified as Tangaloa, then loaded the handgun with ammunition he had taken from a bum bag he was wearing.

Mr Jones tried to escape but was grabbed by the hair and pulled on to his bed.

"The man with the gun pointed it at the complainant's arms and legs, and said 'Where do you want it?

"The complainant pleaded for his life. The intruders then hit the complainant a number of times in the head, and one of them cut his right ear with a knife."

The appeal judges said another man kicked Mr Jones to the left side of the face before a guitar was smashed over his head.

The intruders told Mr Jones if he went to the police he would be killed before they stole his motorbikes and car.

The judges said Mr Destanovic had been the victim of a miscarriage of justice during the joint trial because evidence was led against the two other accused which had never formed part of the case against Mr Destanovic