R v Hawi & ors (No 25) [2011] NSWSC 1671

R v Hawi & ors (No 25) [2011] NSWSC 1671

For murder on an extended joint criminal enterprise basis, it is unnecessary for the Crown to establish contemplation that grievous bodily harm would be achieved using a weapon, so long as the accused contemplated intentional infliction of such harm.

Parties
Crown: Regina; Accused: Mahmoud Hawi; Accused: Christian Adam Menzies; Accused: Farres Abounader; Accused: Ishmail Eken; Accused: Usama Potrus; Accused: Zoran Kisacanin
Jurisdiction
Australia
Judgment Date
30 August 2011
Procedural Posture
Criminal / Procedural and Other Ruling
Outcome
It is unnecessary for the Crown to establish contemplation that a weapon would be used to inflict grievous bodily harm in extended joint criminal enterprise murder charges.
Legal Topics
Ancillary Liability, Complicity, Extended Joint Criminal Enterprise, Murder, Agreement to Assault, Use of Weapon
Criminal Law Ancillary Liability Complicity Extended Joint Criminal Enterprise Murder Agreement to Assault Use of Weapon

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Parties

Regina

Crown

Mahmoud Hawi

Accused

Christian Adam Menzies

Accused

Farres Abounader

Accused

Ishmail Eken

Accused

Usama Potrus

Accused

Zoran Kisacanin

Accused

Procedural Posture

Criminal / Procedural and Other Ruling

Legal Issues

  1. 1 Whether for murder on an extended joint criminal enterprise basis, it is necessary for the Crown to prove that an accused contemplated the possibility of the infliction of grievous bodily harm would be achieved with a weapon

Ratio Decidendi

For murder on an extended joint criminal enterprise basis, it is unnecessary for the Crown to establish contemplation that grievous bodily harm would be achieved using a weapon, so long as the accused contemplated intentional infliction of such harm.

Court Disposition

It is unnecessary for the Crown to establish contemplation that a weapon would be used to inflict grievous bodily harm in extended joint criminal enterprise murder charges.