R v Mubarak Khalid [2018] NSWDC 249

R v Mubarak Khalid [2018] NSWDC 249

On the whole of the evidence, the court was not satisfied beyond reasonable doubt that the accused participated in the assault or the joint criminal enterprise with the principal offender, nor that he used unlawful violence towards the victim. The accused's guilt was not established beyond reasonable doubt, so he was acquitted on both counts.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Criminal / Judge Alone Trial, Verdict and Orders
Outcome
accused acquitted on all counts
Legal Topics
['offences Against the Person' 'causing Grievous Bodily Harm' 'joint Criminal Enterprise' 'affray' 'circumstantial Evidence' 'reasonable Doubt']
['criminal Law'] ['offences Against the Person' 'causing Grievous Bodily Harm' 'joint Criminal Enterprise' 'affray' 'circumstantial Evidence' 'reasonable Doubt']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Judge Alone Trial, Verdict and Orders

Legal Issues

  1. 1 ['Whether the accused participated in a joint criminal enterprise to cause grievous bodily harm to the victim' 'Whether the accused used unlawful violence towards the victim under s 93C(1) Crimes Act 1900']

Ratio Decidendi

On the whole of the evidence, the court was not satisfied beyond reasonable doubt that the accused participated in the assault or the joint criminal enterprise with the principal offender, nor that he used unlawful violence towards the victim. The accused's guilt was not established beyond reasonable doubt, so he was acquitted on both counts.

Court Disposition

accused acquitted on all counts

Orders

  • ['I find the accused not guilty on Count 1.' 'I find the accused not guilty on Count 2.']