Regina v Suteski [No 5] [2002] NSWSC 227

Regina v Suteski [No 5] [2002] NSWSC 227

There was evidence from which the jury could determine that Ms Suteski procured a severe assault intending grievous bodily harm; dangerous weapons were discussed in her presence and the discretion for means was conferred; the crime as committed was within the scope of the crime as agreed or within Ms Suteski's contemplation; the matter should go to the jury.

Jurisdiction
Australia
Judgment Date
28 March 2002
Procedural Posture
Criminal / Application for Verdict by Direction at Close of Crown Case
Outcome
application dismissed; matter to proceed to jury
Legal Topics
['murder' 'accessory Before the Fact' 'joint Criminal Enterprise' 'sufficiency of Evidence']
['criminal Law'] ['murder' 'accessory Before the Fact' 'joint Criminal Enterprise' 'sufficiency of Evidence']

Case Brief

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Procedural Posture

Criminal / Application for Verdict by Direction at Close of Crown Case

Legal Issues

  1. 1 ['Whether there was sufficient evidence for the murder charge to be sustained against the accused' 'Whether the accused procured or contemplated the use of a dangerous weapon such as a knife' 'Whether what was done was within the scope of the common purpose or design']

Ratio Decidendi

There was evidence from which the jury could determine that Ms Suteski procured a severe assault intending grievous bodily harm; dangerous weapons were discussed in her presence and the discretion for means was conferred; the crime as committed was within the scope of the crime as agreed or within Ms Suteski's contemplation; the matter should go to the jury.

Court Disposition

application dismissed; matter to proceed to jury

Orders

  • []