R v Price; R v Rahim; R v Rizk; R v Taufahema (No 5) [2024] NSWSC 452

R v Price; R v Rahim; R v Rizk; R v Taufahema (No 5) [2024] NSWSC 452

The evidence, including the applicant's role in planning the robbery, her knowledge of cash at the premises, awareness of the number of participants and the potential for violence, and lack of surprise at a stabbing, is sufficient to allow the jury to find she had the necessary foresight for murder under extended joint criminal enterprise. The application for a directed verdict of not guilty is refused.

Jurisdiction
Australia
Judgment Date
06 May 2024
Procedural Posture
Criminal / Application for Verdict of Not Guilty by Direction at the Close of the Crown Case
Outcome
Application for a verdict of not guilty by direction refused
Legal Topics
['murder' 'verdict by Direction' 'extended Joint Criminal Enterprise' 'circumstantial Evidence']
['criminal Law'] ['murder' 'verdict by Direction' 'extended Joint Criminal Enterprise' 'circumstantial Evidence']

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Procedural Posture

Criminal / Application for Verdict of Not Guilty by Direction at the Close of the Crown Case

Legal Issues

  1. 1 ['Whether the evidence is sufficient to support a verdict of guilty for murder against Lisa Anne Price under an extended joint criminal enterprise' 'Whether a verdict of not guilty should be directed due to perceived evidentiary defects']

Ratio Decidendi

The evidence, including the applicant's role in planning the robbery, her knowledge of cash at the premises, awareness of the number of participants and the potential for violence, and lack of surprise at a stabbing, is sufficient to allow the jury to find she had the necessary foresight for murder under extended joint criminal enterprise. The application for a directed verdict of not guilty is refused.

Court Disposition

Application for a verdict of not guilty by direction refused

Orders

  • ['The application of the accused for a verdict of not guilty by direction to the charge of murder is refused']