R v Nikolovski (No 2) [2017] NSWSC 1451

R v Nikolovski (No 2) [2017] NSWSC 1451

There is no evidence capable of establishing that Jesse Nikolovski contemplated the discharge of the firearm was a possibility, given uncontradicted evidence he believed the gun was unloaded and no ammunition was available; thus, the case on murder cannot be sustained and the jury is directed to return a verdict of not guilty.

Parties
Prosecution: Regina; Accused: Jesse Nikolovski
Jurisdiction
Australia
Judgment Date
09 October 2017
Procedural Posture
Criminal / Directed Verdict Application at Conclusion of Crown Case
Outcome
Directed verdict of not guilty for murder (count 1) entered
Legal Topics
Directed Verdict, Murder, Joint Criminal Enterprise, Constructive Murder
Criminal Law Directed Verdict Murder Joint Criminal Enterprise Constructive Murder

Case Brief

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Parties

Regina

Prosecution

Jesse Nikolovski

Accused

Procedural Posture

Criminal / Directed Verdict Application at Conclusion of Crown Case

Legal Issues

  1. 1 Whether there is sufficient evidence for the charge of murder against Jesse Nikolovski to go to the jury
  2. 2 Whether either extended joint criminal enterprise or constructive murder is established on the evidence

Ratio Decidendi

There is no evidence capable of establishing that Jesse Nikolovski contemplated the discharge of the firearm was a possibility, given uncontradicted evidence he believed the gun was unloaded and no ammunition was available; thus, the case on murder cannot be sustained and the jury is directed to return a verdict of not guilty.

Court Disposition

Directed verdict of not guilty for murder (count 1) entered

Orders

  • Jury directed to return a verdict of not guilty with respect to count 1 on the indictment of 18 September 2017