TAUFAHEMA v R [2007] NSWCCA 33

TAUFAHEMA v R [2007] NSWCCA 33

The directions given to the jury failed to require satisfaction that the applicant contemplated that his co-offender would use a firearm with the intention of killing or seriously injuring the deceased. As a result, the applicant may have been convicted on a basis sufficient for manslaughter, not murder. The error...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 February 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal upheld; conviction quashed; new trial ordered
Legal Topics
['appeal Against Conviction' 'joint Criminal Enterprise' 'directions to Jury' 'murder' 'manslaughter']
['criminal Law'] ['appeal Against Conviction' 'joint Criminal Enterprise' 'directions to Jury' 'murder' 'manslaughter']

Source-derived case record

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge erred in directing the jury on the elements of joint criminal enterprise murder' 'Whether the jury was correctly instructed on the necessity of contemplating an intention to kill or inflict serious bodily harm' 'Whether the alternative verdict of manslaughter should have been left to the jury']

Ratio Decidendi

The directions given to the jury failed to require satisfaction that the applicant contemplated that his co-offender would use a firearm with the intention of killing or seriously injuring the deceased. As a result, the applicant may have been convicted on a basis sufficient for manslaughter, not murder. The error in directions could not be cured by the subsequent oral directions. Further, the trial judge erred in not leaving the alternative verdict of manslaughter to the jury. Accordingly, the conviction must be quashed and a new trial ordered.

Court Disposition

Appeal upheld; conviction quashed; new trial ordered

Orders

  • ['Appeal upheld' 'The conviction for murder quashed and a new trial ordered']