R v Ngo

The appeal concerned a conviction for murder, with the Crown alleging the appellant was part of a joint enterprise to kill or cause grievous bodily harm to the deceased. The appellant's defence was that he left the scene of the killing while the deceased was still alive. The appeal was heard by Sulan, Vanstone and White JJ of the Court of Criminal Appeal.

The legal issues before the court were whether the trial judge had erred by failing to adequately direct the jury on the significance of the appellant's departure from the scene, and whether the jury's verdict was unsafe and unsatisfactory, and not supported by the evidence.

The Court of Criminal Appeal dismissed the appeal, finding that the trial judge had adequately summarised the defence case. The directions given to the jury were considered sufficient to make it clear that they had to be satisfied beyond reasonable doubt that the appellant was a party to an agreement to kill or do grievous bodily harm, and that he participated in that agreement. The court held that there was evidence capable of supporting the Crown's case, from which a reasonable jury could exclude all hypotheses other than the appellant being a party to such an agreement. Therefore, it was open to the jury to be satisfied beyond reasonable doubt of the appellant's guilt.