R v Spiteri-Ahern; R v Barber; R v Zraika (No 11) [2017] NSWSC 1820

R v Spiteri-Ahern; R v Barber; R v Zraika (No 11) [2017] NSWSC 1820

The Crown proved beyond reasonable doubt that Daniel Haile shot and murdered Raymond Pasnin, and that Louise Spiteri-Ahern participated in a joint criminal enterprise with Haile under which Haile shot Pasnin with at least an intention to inflict grievous bodily harm; Spiteri-Ahern's admissions, motive, communications, and the surrounding circumstantial evidence excluded any reasonable hypothesis inconsistent with her guilt. Although Barber deliberately set up Pasnin and probably knew the purpose of the confrontation, the Crown did not prove beyond reasonable doubt that, at the relevant time, she knew or contemplated murder, grievous bodily harm, or a crime of the same general type as a...

Jurisdiction
Australia
Judgment Date
21 December 2017
Procedural Posture
Common Law Criminal; Judge Alone Trial / Principal Judgment; Verdicts Entered
Outcome
Louise Catherine Spiteri-Ahern found guilty of murder; April Barber found not guilty of accessory before the fact to murder; Amin Zraika found not guilty of concealing a serious indictable offence.
Legal Topics
['murder' 'joint Criminal Enterprise' 'accessory Before the Fact to Murder' 'concealing a Serious Indictable Offence' 'circumstantial Evidence' 'reasonable Hypothesis Inconsistent With Guilt' 'lies and Consciousness of Guilt' 'privilege Against Self Incrimination']
['criminal Law' 'evidence' 'criminal Procedure'] ['murder' 'joint Criminal Enterprise' 'accessory Before the Fact to Murder' 'concealing a Serious Indictable Offence' 'circumstantial Evidence' 'reasonable Hypothesis Inconsistent With Guilt' 'lies and Consciousness of Guilt' 'privilege Against Self Incrimination']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Criminal; Judge Alone Trial / Principal Judgment; Verdicts Entered

Legal Issues

  1. 1 ['Whether Louise Catherine Spiteri-Ahern was guilty of murder on the basis of a joint criminal enterprise with Daniel Haile to kill or inflict grievous bodily harm on Raymond Pasnin.' 'Whether April Barber was guilty as an accessory before the fact to murder by setting up Raymond Pasnin with knowledge that murder or grievous bodily harm was a distinct possibility.' "Whether Amin Zraika was guilty of concealing a serious indictable offence, namely April Barber's alleged accessory before the fact to murder." 'How circumstantial evidence, inferences, lies, witness reliability and motive should be assessed in determining guilt beyond reasonable doubt.']

Ratio Decidendi

The Crown proved beyond reasonable doubt that Daniel Haile shot and murdered Raymond Pasnin, and that Louise Spiteri-Ahern participated in a joint criminal enterprise with Haile under which Haile shot Pasnin with at least an intention to inflict grievous bodily harm; Spiteri-Ahern's admissions, motive, communications, and the surrounding circumstantial evidence excluded any reasonable hypothesis inconsistent with her guilt. Although Barber deliberately set up Pasnin and probably knew the purpose of the confrontation, the Crown did not prove beyond reasonable doubt that, at the relevant time, she knew or contemplated murder, grievous bodily harm, or a crime of the same general type as a...

Court Disposition

Louise Catherine Spiteri-Ahern found guilty of murder; April Barber found not guilty of accessory before the fact to murder; Amin Zraika found not guilty of concealing a serious indictable offence.

Orders

  • ['On the charge of murder of Raymond Pasnin, Ms Louise Spiteri-Ahern is guilty as charged.' 'On the charge of accessory before the fact to murder, Ms April Barber is not guilty of the charge preferred.' 'On the charge of concealing a serious indictable offence, Mr Amin Zraika not guilty of the charge preferred.'...