Fan v R [2024] NSWCCA 114

Fan v R [2024] NSWCCA 114

The trial directions did not misstate the law. Because transferred malice applied to the shooter and also operated in the context of joint criminal enterprise, nothing further had to be proved against the applicant beyond the orthodox elements of murder and the elements of basic or extended joint criminal enterprise. The evidence, including the applicant's travel with co-offenders, attendance at the back door while armed shortly after the shooting, steps to conceal involvement, and admissions, made the guilty verdicts for murder and shooting with intent to murder well open to the jury.

Jurisdiction
Australia
Judgment Date
12 July 2024
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal Against Conviction and Appeal in the Court of Criminal Appeal
Outcome
Leave to appeal against conviction granted; appeal dismissed.
Legal Topics
['murder' 'joint Criminal Enterprise' 'basic Joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'transferred Malice' 'jury Directions' 'unreasonable Verdict' 'circumstantial Evidence']
['criminal Law' 'criminal Procedure' 'appeals'] ['murder' 'joint Criminal Enterprise' 'basic Joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'transferred Malice' 'jury Directions' 'unreasonable Verdict' 'circumstantial Evidence']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal Against Conviction and Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in directing the jury that the mental element for murder could be established where the intended target was Mr Jia but Mr Wu was killed.' 'Whether the killing or serious injury of Mr Wu had to be agreed to or foreseen by the applicant for liability by joint criminal enterprise.' 'Whether any error in the joint criminal enterprise directions occasioned a miscarriage of justice.' 'Whether the guilty verdicts for murder and shooting with intent to murder were unreasonable or not open on the evidence.']

Ratio Decidendi

The trial directions did not misstate the law. Because transferred malice applied to the shooter and also operated in the context of joint criminal enterprise, nothing further had to be proved against the applicant beyond the orthodox elements of murder and the elements of basic or extended joint criminal enterprise. The evidence, including the applicant's travel with co-offenders, attendance at the back door while armed shortly after the shooting, steps to conceal involvement, and admissions, made the guilty verdicts for murder and shooting with intent to murder well open to the jury.

Court Disposition

Leave to appeal against conviction granted; appeal dismissed.

Orders

  • ['Leave to appeal against conviction granted.' 'Appeal dismissed.']