R v Nehme, Price, Rahim, Taufahema and Rizk [2023] NSWSC 202

The combination of extended joint criminal enterprise and constructive murder as the basis for a murder conviction has been abolished throughout Australia by the High Court, not just in relation to South Australian legislation but also in New South Wales and across the common law nationally. The trial could not proceed on the previously available basis.

Jurisdiction: Australia
Judgment Date: 09 March 2023
Procedural Posture: Criminal / Ruling on Scope of Prosecution and Discharge of Jury
Outcome: Jury discharged; prosecution cannot proceed on combination of extended joint criminal enterprise and constructive murder
Legal Topics: ['murder' 'joint Criminal Enterprise' 'constructive Murder' 'jury Discharge' 'statutory Interpretation']

['criminal Law'] ['murder' 'joint Criminal Enterprise' 'constructive Murder' 'jury Discharge' 'statutory Interpretation']

Case Brief

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Procedural Posture

Criminal / Ruling on Scope of Prosecution and Discharge of Jury

Legal Issues

1 ['Whether recent High Court judgments prohibit the prosecution from relying on a combination of extended joint criminal enterprise and constructive murder in New South Wales' "Whether the High Court's ruling applies only to South Australian legislation or to the common law across Australia"]

Ratio Decidendi

Court Disposition

Jury discharged; prosecution cannot proceed on combination of extended joint criminal enterprise and constructive murder

Orders

['Publication restriction lifted']