R v Bentley; R v Davies; R v Thomas; R v Tilley [2018] NSWSC 332

R v Bentley; R v Davies; R v Thomas; R v Tilley [2018] NSWSC 332

The Court directed the jury in accordance with defence submissions to leave self-defence to the jury concerning all accused under the joint criminal enterprise basis, acceded to a direction on knowledge of the baton for extended joint criminal enterprise where supported by evidence, and left constructive murder to the jury as evidence could support the attempt commenced before the victim's death.

Parties
Prosecution: Regina (Crown); Accused: Mitchell James Bentley; Accused: Jack Davies; Accused: William Patrick Thomas; Accused: Jamie Michael Tilley
Jurisdiction
Australia
Judgment Date
12 March 2018
Procedural Posture
Criminal / Pre Summation Jury Directions
Outcome
Jury directed in accordance with these reasons
Legal Topics
Joint Criminal Enterprise, Extended Joint Criminal Enterprise, Self Defence, Constructive Murder, Jury Directions
Criminal Law Joint Criminal Enterprise Extended Joint Criminal Enterprise Self Defence Constructive Murder Jury Directions

Case Brief

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Parties

Regina (Crown)

Prosecution

Mitchell James Bentley

Accused

Jack Davies

Accused

William Patrick Thomas

Accused

Jamie Michael Tilley

Accused

Procedural Posture

Criminal / Pre Summation Jury Directions

Legal Issues

  1. 1 Whether self-defence should be left to the jury in relation to an accused who did not commit the act which caused death
  2. 2 Whether the jury should be directed that the Crown must establish each accused was aware that an extendable baton was to be taken to the premises (extended joint criminal enterprise)
  3. 3 Whether constructive murder (felony murder) should be left to the jury

Ratio Decidendi

The Court directed the jury in accordance with defence submissions to leave self-defence to the jury concerning all accused under the joint criminal enterprise basis, acceded to a direction on knowledge of the baton for extended joint criminal enterprise where supported by evidence, and left constructive murder to the jury as evidence could support the attempt commenced before the victim's death.

Court Disposition

Jury directed in accordance with these reasons