District Court
New South Wales
Medium Neutral Citation: R v ZF; R v AJH [2015] NSWDC 328 Hearing dates: 12-16/10/15 Decision date: 22 October 2015 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Counts 1-4 each accused not guilty
Count 5 - each accused guilty
Catchwords: Criminal – Trial by Judge, wound with intent to cause grievous bodily harm, affray, joint criminal enterprise - in company. Legislation Cited: Criminal Procedure Act 1986
Evidence Act 1995Cases Cited: Fleming v The Queen (1998) 197 CLR
R v Georgiou [2005] NSWCCA 189
R v Kneebone [1999] NSWCCA 279
R v Landini, [2007] NSWSC 259
R v Lodhi [2006] NSWSC 648
Pitkin v The Queen [1995] 69 ALJR 612Category: Principal judgment Parties: Crown
ZF - Accused
AJH - AccusedRepresentation: Counsel:
Solicitors:
Director of Public Prosecutions – Crown
Mr Coleman - AJH
Mr Chhabra - ZF
Director of Public Prosecutions – Crown
Campbell, Paton & Taylor - Accused
File Number(s): 2013/122572013/245292
Judgment
INTRODUCTION
-
HIS HONOUR: I now have before me ZF and AJH for verdict in relation to five counts on an indictment that was presented last Monday week. The two accused as well as a then co-accused JM, pleaded not guilty to the following charges.
-
In relation to count 1, they pleaded not guilty to a charge alleging that they on 4 December 2012, at Bathurst, in the State of New South Wales, caused grievous bodily harm to John Shortland, with intent to cause grievous bodily harm to him.
-
The Crown pleaded an alternative to count 1, in count 2, that they each on 4 December 2012, at Bathurst, in the State of New South Wales, whilst in company of each other, caused grievous bodily harm to John Shortland and were reckless as to causing actual bodily harm to him.
-
The third count was an allegation against the three accused, now resting in relation to the two accused, that they each on 4 December 2012, at Bathurst, in the State of New South Wales, did wound Joel Shortland, with intent to cause grievous bodily harm.
-
An alternative to that count pleaded in count 4, is that on 4 December 2012, at Bathurst, in the State of New South Wales, whilst in company of each other, they did wound Joel Shortland and were reckless as to causing actual bodily harm to him.
-
A fifth and additional count pleaded, was that they each on 4 December 2012, at Bathurst, used unlawful violence against John Shortland and Joel Shortland, by conduct that would cause a person of reasonable firmness present at the scene to fear for his personal safety.
-
At this point of the trial as I have pointed out, JM is not in the dock. He was acquitted at the end of the Crown case, in the sense that, to use a colloquialism, I gave myself a Prasad direction and considered that the Crown could not prove beyond reasonable doubt his guilt on a number of bases having regard to the state of…
Keep reading for free
Create a free CaseChat account to read R v Zf; R v AJH and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] NSWDC 328
- Decision Date
CaseChat Overview and Summary
The High Court considered the sufficiency of the evidence, and whether the trial judge erred in his directions to the jury. The Court found that the evidence was sufficient to establish that the appellants were part of the group of people who travelled to the address to assault the man, and that there was no error in the trial judge's directions to the jury. The Court found that the trial judge properly directed the jury in relation to the requisite mental element of the joint criminal enterprise charge, and that the jury was properly directed to consider whether the appellants had the requisite intent to participate in the joint criminal enterprise.
The Court held that the convictions were properly based on the evidence presented, and that there was no error in the trial judge's directions to the jury. The Court found that the evidence was sufficient to establish the appellants' involvement in the crimes, and that the jury was properly directed in relation to the requisite mental element of the joint criminal enterprise charge. The Court held that the convictions were properly based on the evidence presented, and that there were no errors in the trial judge's directions to the jury. The appeal was dismissed, and the convictions were upheld.
The High Court dismissed the appeals and affirmed the convictions of the appellants. The Court found that the evidence was sufficient to establish the appellants' involvement in the crimes, and that the jury was properly directed in relation to the requisite mental element of the joint criminal enterprise charge. The Court held that the convictions were properly based on the evidence presented, and that there were no errors in the trial judge's directions to the jury. The appeal was dismissed, and the convictions were upheld.
Orders
Orders of the court
Counts 1-4 each accused not guilty
Count 5 - each accused guilty
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.