R v Cage; R v Lowcock; R v Stamp (No 2) [2024] NSWSC 221

R v Cage; R v Lowcock; R v Stamp (No 2) [2024] NSWSC 221

Having considered all circumstances and the evidence at its highest, it is not open to infer that Mr Stamp was party to a joint criminal enterprise to rob Mr King with a loaded firearm foreseeing the possibility of its discharge with intent to inflict grievous bodily harm. The Crown has failed to provide evidence capable of proving beyond reasonable doubt that Mr Stamp was aware of or contemplated the use/discharge of a loaded firearm in the robbery. Accordingly, the application for a directed verdict is granted, and jury will be directed to return a verdict of not guilty on count 1 for Mr Stamp.

Parties
Prosecution: Rex (Crown); Accused: Elijah Cage; Accused: Max Vincent Lowcock; Accused: Tyson George Stamp
Jurisdiction
Australia
Judgment Date
07 March 2024
Procedural Posture
Criminal / Ruling on Directed Verdict Application During Trial
Outcome
Directed verdict of not guilty entered on count 1 for Tyson George Stamp; jury directed accordingly
Legal Topics
Murder, Joint Criminal Enterprise, Directed Verdict, Circumstantial Evidence
Criminal Law Murder Joint Criminal Enterprise Directed Verdict Circumstantial Evidence

Case Brief

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Parties

Rex (Crown)

Prosecution

Elijah Cage

Accused

Max Vincent Lowcock

Accused

Tyson George Stamp

Accused

Procedural Posture

Criminal / Ruling on Directed Verdict Application During Trial

Legal Issues

  1. 1 Whether the evidence supports Tyson George Stamp's liability for murder under extended joint criminal enterprise
  2. 2 Whether there is evidence that the accused contemplated the use/discharge of a loaded firearm in the course of a robbery
  3. 3 Whether a directed verdict of not guilty should be entered for Stamp on count 1

Ratio Decidendi

Having considered all circumstances and the evidence at its highest, it is not open to infer that Mr Stamp was party to a joint criminal enterprise to rob Mr King with a loaded firearm foreseeing the possibility of its discharge with intent to inflict grievous bodily harm. The Crown has failed to provide evidence capable of proving beyond reasonable doubt that Mr Stamp was aware of or contemplated the use/discharge of a loaded firearm in the robbery. Accordingly, the application for a directed verdict is granted, and jury will be directed to return a verdict of not guilty on count 1 for Mr Stamp.

Court Disposition

Directed verdict of not guilty entered on count 1 for Tyson George Stamp; jury directed accordingly

Orders

  • The jury must be directed to return a verdict of not guilty with respect to count 1 on the indictment, in the case of Mr Stamp