Proud v R [2016] NSWCCA 41

Proud v R [2016] NSWCCA 41

The applicant is granted leave to amend her grounds of appeal to challenge directions relating to the mental element of extended joint criminal enterprise, but the application to vacate the hearing date is refused as existing appeal grounds may succeed under current law and delay would not be warranted.

Source-derived case information.

Parties
Applicant: Michelle Sharon Proud; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 March 2016
Procedural Posture
Criminal Appeal / Application to Amend Grounds and Application to Vacate Hearing Date
Outcome
Leave to amend grounds of appeal granted; application to vacate hearing date refused.
Legal Topics
Appeal, Extended Joint Criminal Enterprise, Directions to Jury, Mental Element, Murder
Criminal Law Practice and Procedure Appeal Extended Joint Criminal Enterprise Directions to Jury Mental Element Murder

Source-derived case record

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 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Michelle Sharon Proud

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Application to Amend Grounds and Application to Vacate Hearing Date

Legal Issues

  1. 1 Whether to grant leave to amend grounds of appeal to challenge directions on the mental element of extended joint criminal enterprise
  2. 2 Whether to vacate the appeal hearing pending the outcome of Smith v The Queen in the High Court

Ratio Decidendi

The applicant is granted leave to amend her grounds of appeal to challenge directions relating to the mental element of extended joint criminal enterprise, but the application to vacate the hearing date is refused as existing appeal grounds may succeed under current law and delay would not be warranted.

Court Disposition

Leave to amend grounds of appeal granted; application to vacate hearing date refused.

Orders

  • Grant the applicant leave to amend her grounds of appeal to raise a challenge to the directions with respect to the mental element of extended joint criminal enterprise.
  • Refuse application to vacate the hearing date.