R v He; R v Li [2010] NSWDC 171

R v He; R v Li [2010] NSWDC 171

Section 86 of the Crimes Act 1900 requires the accused to have intended to obtain an advantage for themselves, not merely for another person. As the Crown only alleged that the accused intended to obtain an advantage for Mr Mi, and not for themselves, there was no prima facie case; consequently, the accused were found not guilty on all counts.

Jurisdiction
Australia
Judgment Date
12 August 2010
Procedural Posture
Criminal / Application for Directed Verdict at the Close of the Crown Case in a Judge Alone Trial
Outcome
Directed verdicts of not guilty entered for both accused on all counts.
Legal Topics
['offences Against the Person' 'kidnapping' 'advantage Under Crimes Act 1900 S 86' 'directed Verdict']
['criminal Law'] ['offences Against the Person' 'kidnapping' 'advantage Under Crimes Act 1900 S 86' 'directed Verdict']

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Procedural Posture

Criminal / Application for Directed Verdict at the Close of the Crown Case in a Judge Alone Trial

Legal Issues

  1. 1 ["Whether 'advantage' in s 86 of Crimes Act 1900 must be for the accused personally" 'Whether there was evidence of joint criminal enterprise involving the accuseds' 'Whether a directed verdict should be entered due to lack of a prima facie case']

Ratio Decidendi

Section 86 of the Crimes Act 1900 requires the accused to have intended to obtain an advantage for themselves, not merely for another person. As the Crown only alleged that the accused intended to obtain an advantage for Mr Mi, and not for themselves, there was no prima facie case; consequently, the accused were found not guilty on all counts.

Court Disposition

Directed verdicts of not guilty entered for both accused on all counts.

Orders

  • ['In relation to each count in the indictment, I find each accused to be not guilty.']