27 Jun 2017
The s147 applications were declined because there was sufficient credible evidence that a properly directed jury could reasonably convict either defendant of manslaughter as a party: evidence supported inferences of planning, assistance, prolonged detention and foreseeability of the victim's attempt to escape, and there was no established effective withdrawal that would negate party liability.
14 Mar 2017
Apply s147 test to each contested charge by reference to totality of admissible evidence; where evidence permitted reasonable inference linking asset to proximate drug offending (land and Corvette) or established manufacture/possession/attempt by chronology, communications, expert evidence and forensic links, charges should remain for jury; where evidence failed to establish the critical element (asset derived from crime or meeting/transaction occurred) discharge is required. Party liability can be established absent physical presence where evidence shows procuring, directing or assisting the…
18 Dec 2015
The Court dismissed all appeals: the trial judge's directions on self-defence were legally sufficient and properly explained burden and subjective/objective elements; the admission and limited use of contested text messages and gang evidence did not cause a miscarriage of justice because the jury were properly instructed; there was sufficient evidence to convict Banaba and Makalima as parties under s66 (incitement/encouragement and common purpose principles) and the differing verdicts were not inconsistent given evidence of Makalima's cognitive impairment supporting manslaughter only; withdra…