NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Faumuina [2024] NSWDC 189 Hearing dates: 8 May 2024; 9 May 2024; 17 May 2024 Date of orders: 24 May 2024 Decision date: 24 May 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: Verdicts: Counts 1 to 6 – Not Guilty Count 7 – Directed verdict of Not Guilty Catchwords: CRIME – Judge-alone trial – Violent offences – Special aggravated break enter and commit serious indictable offence – Aggravated break enter and commit serious indictable offence – Detain with intent to obtain advantage – Robbery in company – Take and drive conveyance – Joint criminal enterprise – Inferences – Links in chain Legislation Cited: Crimes Act 1900 Criminal Procedure Act Evidence Act 1995 Firearms Act 1996 Cases Cited: D'Agostino v Regina [2019] NSWCCA 259 Fleming v the Queen (1998) 197 CLR 250 Mahmood v Western Australia (2008) 232 CLR 397 R v Davidson (2009) 75 NSWLR 150 Shepherd v The Queen (1990) 170 CLR 573 Category: Principal judgment Parties: Rex (Crown) Tato Harmony Faumuina (Accused) Representation: Counsel: Mr J Staples, Solicitor Advocate (Crown) Mr B Eurell (Accused)
Solicitors: Director of Public Prosecutions (NSW) (Crown) Oxford Lawyers (Accused) File Number(s): 2022/196123
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