R v Fernando & Ors [2022] NSWSC 1332

Supreme Court New South Wales

Medium Neutral Citation: R v Fernando & Ors [2022] NSWSC 1332 Hearing dates: 11 July – 12 September 2022 Decision date: 30 September 2022 Jurisdiction: Common Law Before: Fullerton J Decision: Verdicts of not guilty entered for each of the accused. Each of the accused is acquitted. Catchwords: CRIMINAL LAW – murder – trial by judge alone – joint trial of seven co-accused –extended joint criminal enterprise – whether in the course of an agreement to assault a fatal injury was inflicted with intention to inflict grievous bodily harm – whether the accused foresaw the possibility of infliction of grievous bodily harm by one or more of the accused with the intention to inflict grievous bodily harm –circumstantial case – no eyewitnesses – limited forensic evidence – Crown failed to establish joint criminal enterprise agreement as particularised Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42 Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 King v The Queen (1986) 161 CLR 423; [1986] HCA 59 Peacock v The King (1911) 13 CLR 619; [1911] HCA 66 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: The Crown Leslie David Fernando (Accused) David Richard Beale (Accused) Stacey Kelly-Greenup (Accused) Lional Charles McGrady (Accused) Michael Thomas Porter (Accused) Jeremy Owen James Smith (Accused) Shane Keith Weatherall (Accused) Representation: Counsel: P Barrett (Crown) G Harrison (Accused Fernando) M Smith (Accused Beale) C Watson (Accused Kelly-Greenup) H White (Accused McGrady) A Webb (Accused Porter) S Climo (Accused Smith) P Coady (Accused Weatherall)