R v Saurav MAHAY; Michael Dean KHAN; Dushand RANA [2010] NSWDC 340

New South Wales District Court

CITATION: R v Saurav MAHAY; Michael Dean KHAN; Dushand RANA [2010] NSWDC 340

JUDGMENT DATE: 26 August 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: There is a case to answer and I do not propose to give a Prasad direction.

CATCHWORDS: CRIME - jury trial - specially aggravated detain for ransom - no case submission and application for Prasad direction on behalf of one co-accused - submission that Crown fails to prove accused's intentional involvement in joint criminal enterprise - reasons for refusing Prasad direction

CASES CITED: R v Prasad (1979) 2 A Crim R 45 R v Reardon (2002) 186 FLR 1

Regina PARTIES: Saurav Mahay Michael Dean Khan Dushand Rana

FILE NUMBER(S): 2008/82064; 2008/211508; 2008/254927

Mr S De Silva for the Director of Public Prosecutions COUNSEL: Ms K Stares for Mr Khan Ms ST Hall for Mr Rana

SOLICITORS: Mr WJ Sandilands for Mr Mahay

JUDGMENT

1. Ms Stares, counsel for the accused Michael Khan in this case, makes an application that I should direct an acquittal of her client because there is no case to answer against her client.

2. This is a case where her client and two others are accused of kidnapping a man as well as assaulting him. Briefly, the evidence is that the man spent some time at Michael Khan's home. The complainant said that after a period of time he was required to stay at that home. The requirement was made clear to him by the two co-accused in the Punjabi language.

3. He was assaulted at the home in the backyard, he said in the presence of Mr Khan. He was not allowed to go home but required to spend the night in Mr Khan's home. The following morning contact had been made with the police. Mr Khan and the two co-accused drove the complainant to a location near the police station after an arrangement had been made between Mr Khan and the police for the complainant to be delivered to the police station. The police arrested the three accused at the place near the police station.