R v Nehme, Price, Rahim, Taufahema and Rizk [2023] NSWSC 202

Supreme Court New South Wales

Medium Neutral Citation: R v Nehme, Price, Rahim, Taufahema and Rizk [2023] NSWSC 202 Hearing dates: 9 March 2023 Decision date: 09 March 2023 Jurisdiction: Common Law Before: Button J Decision: Broad interpretation adopted whereby Crown can no longer go to the jury relying upon a combination of extended joint criminal enterprise and constructive murder Catchwords: Crime – murder – necessarily urgent interpretation at first instance of recent judgments of High Court – Whether judgments to be read narrowly or broadly – Whether prosecution able to rely upon combination of extended joint criminal enterprise and constructive murder – Whether judicial prohibition on that combination confined to South Australian legislation only – various indicators in judgments of thoroughgoing clarification of common law – difficult to resist broad interpretation whereby prohibition applies to New South Wales as well Legislation Cited: Criminal Law Consolidation Act 1935 (SA) Crimes Act 1900 (NSW) Cases Cited: Mitchell and Others v The Queen [2023] HCA 5 R v Johns (1978) 1 NSWLR 282 Texts Cited: Nil Category: Principal judgment Parties: Rex (Crown) Joseph Nehme (accused) Lisa Anne Price (accused) Bilal Rahim (accused) Viliami Taufahema (accused) Sherene Rizk (accused) Representation: Counsel: C Taylor (Crown) D Dalton SC T Quilter P Young SC A Evers J Stratton SC with M Fordham