R v Hawi & ors (No 28) [2011] NSWSC 1674
It is a viable and appropriate basis to put manslaughter to the jury where a joint criminal enterprise to intimidate can escalate to an assault carrying appreciable risk of serious injury.
- Parties
- Prosecution: Regina; Accused: Mahmoud Hawi; Accused: Christian Adam Menzies; Accused: Farres Abounader; Accused: Ishmail Eken; Accused: Usama Potrus; Accused: Zoran Kisacanin
- Jurisdiction
- Australia
- Judgment Date
- 01 September 2011
- Procedural Posture
- Criminal / Procedural Ruling
- Outcome
- alternative basis for manslaughter to be put to jury permitted
- Legal Topics
- Ancillary Liability, Complicity, Common Purpose, Manslaughter, Extended Joint Criminal Enterprise
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Mahmoud Hawi
Accused
Christian Adam Menzies
Accused
Farres Abounader
Accused
Ishmail Eken
Accused
Usama Potrus
Accused
Zoran Kisacanin
Accused
Procedural Posture
Criminal / Procedural Ruling
Legal Issues
- 1 whether common purpose to intimidate can be foundational crime for incidental crime of assault in manslaughter
- 2 whether alternative basis for manslaughter should be put to the jury
Ratio Decidendi
It is a viable and appropriate basis to put manslaughter to the jury where a joint criminal enterprise to intimidate can escalate to an assault carrying appreciable risk of serious injury.
Court Disposition
alternative basis for manslaughter to be put to jury permitted
Orders
- alternative basis for manslaughter permitted to be put to the jury
Full Case Text
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