REGINA v LEW [2003] NSWSC 1073

REGINA v LEW [2003] NSWSC 1073

'With him' in s18(1)(a) Crimes Act 1900 (NSW) refers to the accomplice relationship, not the accused's physical presence at the scene; as evidence allowed the jury to conclude the accused foresaw the risk of wounding in the course of the qualifying offence, the felony murder ground remained open and was not withdrawn from the jury.

Jurisdiction
Australia
Judgment Date
11 November 2003
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Application to withdraw felony murder from the jury rejected
Legal Topics
['felony Murder' 'accessory Before the Fact' "interpretation of 'with Him' in S18(1)(a) Crimes Act 1900" 'foreseeability in Felony Murder']
['criminal Law'] ['felony Murder' 'accessory Before the Fact' "interpretation of 'with Him' in S18(1)(a) Crimes Act 1900" 'foreseeability in Felony Murder']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 ["Whether 'with him' in s18(1)(a) of the Crimes Act 1900 requires physical presence of the accused at the time of the offence" 'Whether the evidence permitted the jury to consider felony murder as a ground for conviction against an absent accomplice']

Ratio Decidendi

'With him' in s18(1)(a) Crimes Act 1900 (NSW) refers to the accomplice relationship, not the accused's physical presence at the scene; as evidence allowed the jury to conclude the accused foresaw the risk of wounding in the course of the qualifying offence, the felony murder ground remained open and was not withdrawn from the jury.

Court Disposition

Application to withdraw felony murder from the jury rejected

Orders

  • []