R v Ng [2018] NSWDC 145

R v Ng [2018] NSWDC 145

The application was dismissed because, taking the Crown case at its highest, there was a sufficient evidentiary basis for a reasonable inference that the accused and Mr Palenapa-Pili were acting pursuant to an agreement to assault or intimidate the complainant, and the accused's lies to police after being informed of the attack demonstrated consciousness of guilt, so that the case should be left to the jury.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Criminal / Application for a Verdict by Direction/no Case to Answer During Trial
Outcome
The application by accused for a verdict by direction is dismissed.
Legal Topics
['verdict by Direction' 'no Case to Answer' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'circumstantial Evidence' 'consciousness of Guilt' 'wounding With Intent to Cause Grievous Bodily Harm']
['criminal Law' 'criminal Procedure' 'evidence'] ['verdict by Direction' 'no Case to Answer' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'circumstantial Evidence' 'consciousness of Guilt' 'wounding With Intent to Cause Grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal / Application for a Verdict by Direction/no Case to Answer During Trial

Legal Issues

  1. 1 ['Whether there was sufficient evidence upon which the accused could be convicted of wounding with intent to cause grievous bodily harm on the basis of joint illegal enterprise or extended joint illegal enterprise.' 'Whether the Crown evidence, taken at its highest, could support a reasonable inference that the accused and Mr Palenapa-Pili had an agreement, arrangement or understanding to assault or intimidate the complainant.' "Whether the accused's lies to police demonstrated consciousness of guilt relevant to whether the case should be left to the jury."]

Ratio Decidendi

The application was dismissed because, taking the Crown case at its highest, there was a sufficient evidentiary basis for a reasonable inference that the accused and Mr Palenapa-Pili were acting pursuant to an agreement to assault or intimidate the complainant, and the accused's lies to police after being informed of the attack demonstrated consciousness of guilt, so that the case should be left to the jury.

Court Disposition

The application by accused for a verdict by direction is dismissed.

Orders

  • ["The accused's application for a verdict by direction is rejected."]