Ardestani v R [2024] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ardestani v R [2024] NSWCCA 31 Hearing dates: 29 November 2023 Decision date: 08 March 2024 Before: Harrison CJ at CL at [1]; Button J at [2]; Weinstein J at [83] Decision: (1) Grant leave to appeal against conviction. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against conviction – where applicant charged with specially aggravated break, enter, and commit assault occasioning actual bodily harm – joint criminal enterprise to break and enter victim's home, commit common assault, and steal cash – whether guilty verdict was unreasonable or unsupported by the evidence – three particulars – evidence sufficient to find agreement to assault made before breaking and entering – evidence sufficient to find that infliction of actual bodily harm was foreseen as a possibility in carrying out the joint criminal enterprise – discussion of whether prohibited to combine legal concepts of extended joint criminal enterprise and committing the offence in company – concepts able to stand together – consideration of Markou v R – in that case only the assault itself required to be proven to have been committed in company, not the consequence of actual bodily harm – whether miscarriage of justice occasioned by trial judge's failure to provide written directions about the doctrines of basic and extended joint criminal enterprise – oral directions sufficient – no sign of any difficulties in jury's understanding – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 112(3) Cases Cited: Bromley v The King (2023) 98 ALJR 84; [2023] HCA 42 Ford v R [2020] NSWCCA 99 Johns v the Queen (1980) 143 CLR 108; [1980] HCA 3 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Markou v R (2012) 221 A Crim R 48; [2012] NSWCCA 64 Mitchell v The King (2023) 97 ALJR 172; [2023] HCA 5 R v Button [2002] NSWCCA 159 Zheng v The Queen [2021] NSWCCA 78 Category: Principal judgment Parties: Saeid Miraki Ardestani (Applicant) Rex (Respondent) Representation: Counsel: C Parkin (Applicant) E Nicholson (Respondent) Solicitors: Lawyers Corp Pty Ltd (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2019/16634 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 16 September 2022 Before: Herbert DCJ File Number(s): 2019/16634