R v Nehme; R v Price; R v Rahim; R v Rizk; R v Taufahema (No 3) [2023] NSWSC 1658

R v Nehme; R v Price; R v Rahim; R v Rizk; R v Taufahema (No 3) [2023] NSWSC 1658

The application was refused because Mitchell v The King [2023] HCA 5 did not alter the law on joint criminal enterprise or extended joint criminal enterprise outside constructive murder, and the passage relied on by the accused applied only to common law murder based upon s 12A of the Criminal Law Consolidation Act 1935 (SA).

Jurisdiction
Australia
Judgment Date
24 October 2023
Procedural Posture
Criminal Proceedings for Murder / Pre Trial Application Concerning Jury Directions
Outcome
Application refused.
Legal Topics
['murder' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'jury Directions' 'constructive Murder']
['criminal Law'] ['murder' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'jury Directions' 'constructive Murder']

Case Brief

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Procedural Posture

Criminal Proceedings for Murder / Pre Trial Application Concerning Jury Directions

Legal Issues

  1. 1 ['Whether the proposed jury directions on intention for joint criminal enterprise and extended joint criminal enterprise required proof that the accused knew a weapon was to be used and was aware of the possibility that the victim might be stabbed with intent to cause death or grievous bodily harm.' 'Whether Mitchell v The King [2023] HCA 5 required a direction that the agreement included the possible commission of an intentional act of violence of the same general nature that caused the death in cases of joint criminal enterprise or extended joint criminal enterprise murder outside constructive murder.']

Ratio Decidendi

The application was refused because Mitchell v The King [2023] HCA 5 did not alter the law on joint criminal enterprise or extended joint criminal enterprise outside constructive murder, and the passage relied on by the accused applied only to common law murder based upon s 12A of the Criminal Law Consolidation Act 1935 (SA).

Court Disposition

Application refused.

Orders

  • ['The application for a direction relating to the element of intention for joint criminal enterprise and extended joint criminal enterprise is refused.']