NSW Caselaw
New South Wales District Court
CITATION: R v Cagla Kucukeren [2008] NSWDC 254
JUDGMENT DATE: 31 July 2008
JURISDICTION: District Court of New South Wales
JUDGMENT OF: Cogswell SC DCJ
DECISION: Applications refused. (On 7 October 2008 a jury of 12 found Ms Kucukeren not guilty of both offences.)
CATCHWORDS: CONSPIRACY - Aid and abet - Robbery - Common law offences - Are the offences known to law? - Does the evidence support the charge? - Application for a permanent stay
Accessories and Abettors Act 1861 (UK) Crimes Act 1900 LEGISLATION CITED: Crimes Act 1914 (Cth) Criminal Law Act 1977 (UK) Migration Act 1958 (CTH)
Director of Public Prosecutions v Withers [1975] AC 842 Gerakiteys v The Queen (1984) 153 CLR 317 Mulcahy v The Queen (1868) LR 3 HL 306 Nitra v The Queen (1983) 51 ALR 53 Osland v The Queen (1998) 197 CLR 316 Peters v The Queen (1998) 192 CLR 493 CASES CITED: Pokoon-Tai v The Queen (1980) HKLR 492 Regina v Cahill (1978) 2 NSWLR 453 Regina v Ongley (1940) 57 WN (NSW) 116 Regina v Skewes (1981) 7 A Crim R 276 Regina v Smith (1995) 1 VR 10 R v Hollingshead [1985] 1 All ER 850 R v Walton & Gardiner (1993) 177 CLR 378 The King v Boston (1923) 33 CLR 386
Simon Bronitt and Bernadette McSherry, Principles of Criminal Law, 2nd ed. (2005) Thomson Lawbook TEXTS CITED: Peter Gilles, Criminal Law, 4th ed. (1997) Law Book Company Howie and Johnson, Criminal Practice and Procedure in New South Wales, (1998 -) Butterworths
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