R v Fernando & Ors [2022] NSWSC 1332

R v Fernando & Ors [2022] NSWSC 1332

The Crown failed to establish beyond reasonable doubt that each or any of the accused were parties to the relevant joint criminal enterprise to assault the deceased with the requisite foresight that one or more participants would intentionally inflict grievous bodily harm resulting in death. The circumstantial and forensic evidence, including the absence of direct evidence of agreement, participation, and intent, as well as deficiencies in connecting the accused to weapons and the act causing death, left room for reasonable doubt concerning guilt under the extended joint criminal enterprise doctrine. Accordingly, verdicts of not guilty were entered for each accused.

Jurisdiction
Australia
Judgment Date
30 September 2022
Procedural Posture
Criminal / Verdict and Final Judgment After Judge Alone Trial
Outcome
All accused found not guilty; each accused acquitted.
Legal Topics
['murder' 'extended Joint Criminal Enterprise' 'acquittal' 'circumstantial Evidence' 'forensic Evidence']
['criminal Law'] ['murder' 'extended Joint Criminal Enterprise' 'acquittal' 'circumstantial Evidence' 'forensic Evidence']

Case Brief

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Procedural Posture

Criminal / Verdict and Final Judgment After Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused were parties to an extended joint criminal enterprise to assault and intentionally inflict grievous bodily harm resulting in death (murder)' 'Whether the Crown proved beyond reasonable doubt the participation and requisite foresight of each accused' 'Whether the circumstantial and forensic evidence established the joint criminal enterprise as particularised']

Ratio Decidendi

The Crown failed to establish beyond reasonable doubt that each or any of the accused were parties to the relevant joint criminal enterprise to assault the deceased with the requisite foresight that one or more participants would intentionally inflict grievous bodily harm resulting in death. The circumstantial and forensic evidence, including the absence of direct evidence of agreement, participation, and intent, as well as deficiencies in connecting the accused to weapons and the act causing death, left room for reasonable doubt concerning guilt under the extended joint criminal enterprise doctrine. Accordingly, verdicts of not guilty were entered for each accused.

Court Disposition

All accused found not guilty; each accused acquitted.

Orders

  • ['Verdicts of not guilty entered for each accused.' 'Each of the accused is acquitted.']