R v DJD and Murdoch [2023] NSWSC 222

R v DJD and Murdoch [2023] NSWSC 222

In cases of constructive murder where the Crown cannot establish which participant in a joint criminal enterprise committed the fatal act, the Crown must prove each accused was a participant in the enterprise to commit a foundational offence punishable by at least 25 years, agreed to force or violence accompanying the offence if necessary, and that the fatal act was a voluntary act by a participant occurring during/immediately after the foundational offence; there is no requirement to prove agreement as to a specific weapon or contingency of death.

Parties
Crown: Rex; Accused: DJD; Accused: Travis Jake Murdoch
Jurisdiction
Australia
Judgment Date
15 March 2023
Procedural Posture
Criminal / Pre Trial Ruling on Elements of Murder
Outcome
Procedural ruling: elements of constructive murder clarified for this case; further submissions to be sought for jury directions.
Legal Topics
Constructive Murder, Joint Criminal Enterprise, Complicity, Elements of Murder
Criminal Law Constructive Murder Joint Criminal Enterprise Complicity Elements of Murder

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Crown

DJD

Accused

Travis Jake Murdoch

Accused

Procedural Posture

Criminal / Pre Trial Ruling on Elements of Murder

Legal Issues

  1. 1 Whether the Crown must prove that the accused agreed to the possible use of a knife or wounding during the foundational offence for constructive murder under s 18(1)(a) of the Crimes Act 1900 (NSW) when the Crown cannot establish which participant caused death

Ratio Decidendi

In cases of constructive murder where the Crown cannot establish which participant in a joint criminal enterprise committed the fatal act, the Crown must prove each accused was a participant in the enterprise to commit a foundational offence punishable by at least 25 years, agreed to force or violence accompanying the offence if necessary, and that the fatal act was a voluntary act by a participant occurring during/immediately after the foundational offence; there is no requirement to prove agreement as to a specific weapon or contingency of death.

Court Disposition

Procedural ruling: elements of constructive murder clarified for this case; further submissions to be sought for jury directions.

Orders

  • The elements of constructive murder to be proved in this case are as set out at paragraph 77 of the judgment.