R v Price; R v Rahim; R v Rizk; R v Taufahema (No 6) [2023] NSWSC 1663

R v Price; R v Rahim; R v Rizk; R v Taufahema (No 6) [2023] NSWSC 1663

The circumstances, including that Joseph Nehme recruited trusted people for a serious criminal enterprise, that he had a weapon taped to him indicating a serious level of violence, and that the recruited persons were young, fit, apparently known and trusted, permitted the Crown to put its case without a direction that intentional assault causing grievous bodily harm had to be foreseen or contemplated only with a knife as the mode of assault. It was therefore not an indispensable fact that the jury must find that the accused contemplated the offending would involve a knife.

Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Criminal Law Procedural Ruling / Application by Accused Price and Taufahema for a Shepherd Direction
Outcome
Application refused
Legal Topics
['shepherd Direction' 'contemplation of Offending Involving a Knife' 'intentional Assault Causing Grievous Bodily Harm' 'serious Criminal Enterprise']
['criminal Law' 'criminal Procedure'] ['shepherd Direction' 'contemplation of Offending Involving a Knife' 'intentional Assault Causing Grievous Bodily Harm' 'serious Criminal Enterprise']

Case Brief

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Procedural Posture

Criminal Law Procedural Ruling / Application by Accused Price and Taufahema for a Shepherd Direction

Legal Issues

  1. 1 ['Whether the jury should be directed that it is an indispensable fact that the accused contemplated that the offending would involve a knife.' 'Whether the Crown should be limited by way of a Shepherd direction in putting its case to the jury.']

Ratio Decidendi

The circumstances, including that Joseph Nehme recruited trusted people for a serious criminal enterprise, that he had a weapon taped to him indicating a serious level of violence, and that the recruited persons were young, fit, apparently known and trusted, permitted the Crown to put its case without a direction that intentional assault causing grievous bodily harm had to be foreseen or contemplated only with a knife as the mode of assault. It was therefore not an indispensable fact that the jury must find that the accused contemplated the offending would involve a knife.

Court Disposition

Application refused

Orders

  • ['The application for a Shepherd direction is refused.']