R v Gatt (No 10) [2018] NSWSC 526
The direction sought was refused because the evidence about whether the accused fired or held a gun was one of several factual disputes to be assessed with the evidence as a whole, and isolating that issue would be unnecessary and potentially confusing given the competing evidence and the alternative basis on which the Crown advanced the murder charge.
- Jurisdiction
- Australia
- Judgment Date
- 30 April 2018
- Procedural Posture
- Criminal Proceeding / Procedural Ruling During the Accused's Address on a Requested Direction
- Outcome
- Direction sought refused.
- Legal Topics
- ['jury Directions' 'competing Evidence' 'factual Issue' 'murder' 'joint Criminal Enterprise']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Proceeding / Procedural Ruling During the Accused's Address on a Requested Direction
Legal Issues
- 1 ['Whether the jury should be directed that to convict of murder the Crown must prove beyond reasonable doubt either that the accused fired the gun or that he held a gun.' 'Whether the factual issue of whether the accused held a gun could properly be isolated from the whole of the evidence in light of the alternative basis on which the murder charge was advanced.']
Ratio Decidendi
The direction sought was refused because the evidence about whether the accused fired or held a gun was one of several factual disputes to be assessed with the evidence as a whole, and isolating that issue would be unnecessary and potentially confusing given the competing evidence and the alternative basis on which the Crown advanced the murder charge.
Court Disposition
Direction sought refused.
Orders
- ['Direction sought refused.']
Full Case Text
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