R v Cagla Kucukeren [2008] NSWDC 254

R v Cagla Kucukeren [2008] NSWDC 254

The offence of conspiracy to aid and abet another to commit an offence is known to the law of New South Wales. There is evidence capable of establishing both an agreement and the necessary intention for the offence of conspiracy. Applications for a permanent stay or to quash the indictment are refused.

Parties
Prosecution: Regina; Defendant: Cagla Kucukeren
Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Criminal / Pre Trial Application for Permanent Stay/quashing of Indictment
Outcome
Applications refused.
Legal Topics
Conspiracy, Aiding and Abetting, Robbery, Common Law Offences, Permanent Stay of Proceedings
Criminal Law Conspiracy Aiding and Abetting Robbery Common Law Offences Permanent Stay of Proceedings

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Parties

Regina

Prosecution

Cagla Kucukeren

Defendant

Procedural Posture

Criminal / Pre Trial Application for Permanent Stay/quashing of Indictment

Legal Issues

  1. 1 Whether conspiracy to aid and abet commission of an offence is an offence known to law in New South Wales
  2. 2 Whether evidence establishes there was an agreement and the necessary intention required for conspiracy

Ratio Decidendi

The offence of conspiracy to aid and abet another to commit an offence is known to the law of New South Wales. There is evidence capable of establishing both an agreement and the necessary intention for the offence of conspiracy. Applications for a permanent stay or to quash the indictment are refused.

Court Disposition

Applications refused.

Orders

  • Application for permanent stay of first charge refused.
  • Application for permanent stay or quashing of second charge refused.