R v Harrison & Georgiou [2001] NSWCCA 464

New South Wales Court of Criminal Appeal

CITATION : R v Harrison & Georgiou [2001] NSWCCA 464 FILE NUMBER(S) : CCA 60483/99; 60537/99 HEARING DATE(S) : 21 November 2001 JUDGMENT DATE : 21 November 2001

PARTIES : Regina v Bruce Malcolm Harrison & Konstantinos Georgiou JUDGMENT OF : Giles JA at 1; Sully J at 26; Greg James J at 27

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70038/98; 70069/98 LOWER COURT JUDICIAL Dowd J OFFICER :

M C Grogan - Crown COUNSEL : P Byrne SC & N Mikhaiel - Appellant Harrison J C Papayanni - Appellant Georgiou S E O'Connor - Crown SOLICITORS : Michael Croke & Co - Appellant Harrison Xenos Jordan - Appellant Georgiou CATCHWORDS : TRIAL - joint criminal enterprise - need for directions relating evidence to legal principles. D CASES CITED: M v The Queen (1994) 181 CLR 487; R v Zorad (1990) 19 NSWLR 91. DECISION : (1) Appeals allowed; (2) Convictions and sentences quashed; (3) Order there be new trials.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CCA 60483/99 CCA 60537/99 GILES JA SULLY J GREG JAMES J

Wednesday 21 November 2001 R v Bruce Malcolm HARRISON R v Konstantinos GEORGIOU

Judgment 1 GILES JA: The appellants Bruce Malcolm Harrison and Konstantinos Georgiou were tried before Dowd J and a jury on three counts of murder and one count of attempted murder. The trial occupied many weeks from 2 June 1999 to 22 August 1999. The appellants were found guilty on all counts. They were sentenced on the counts of murder to imprisonment for 33 years commencing on 3 February 1998 as to Mr Georgiou and 9 November 1997 as to Mr Harrison with non parole periods of 28 years, and on the count of attempted murder to imprisonment for 10 years commencing on the same dates. 2 The charges against the appellants related to the shooting of three men, Rick De Stoop, Sasha Milenkovic and Michael Kulakowski, and the wounding of a fourth man, Robin David, in the basement of the Blackmarket Café in Chippindale in Sydney. As can be seen from the length of the trial, the evidence put before the jury was extensive. It included that two guns were used in the shootings, and in such a way that it was open to the jury to find that two persons must have done the shooting in the basement. There was no direct evidence that the persons were the appellants, and the Crown case that they were the appellants was circumstantial. 3 The Crown opened to the jury in the following terms – "Now, it is not alleged by the Crown that each of the two accused shot each of the deceased. What is alleged by the Crown is the joint criminal enterprise of these two men in that shooting, which you may well think is an execution style shooting. His Honour will, no doubt, give you directions in relation to joint criminal enterprise and the way the Crown seeks to establish, by the evidence that it has presented by that time, how each of these accused was involved or engaged in a joint criminal enterprise."