NSW Caselaw
New South Wales Court of Criminal Appeal
REGINA v MRK [2005] NSWCCA 271 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 30 June 2005
JUDGMENT DATE: 4 August 2005
JUDGMENT OF: Spigelman CJ at 1; Grove J at 52; Hall J at 53
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - Appeal - Against Conviction - s61JA of the Crimes Act 1900 - Aggravated Sexual Assault in Company - Joint criminal enterprise - Where aggravating factor was use of offensive weapon, a knife - Whether sufficient evidence that Appellant was party to agreement to use knife - Whether open to jury to find element of aggravation - CRIMINAL LAW - Appeal - Against Conviction - s61JA of the Crimes Act 1900 - Aggravated Sexual Assault in Company - Joint criminal enterprise - Directions to Jury - Whether erroneous - Whether adequate - Whether onus of proof properly stated - Whether verdicts reasonable
Crimes Act 1900: s 61J, s61JA LEGISLATION CITED: Criminal Appeal Act 1912: s7
R v Duong (1992) 61 A Crim R 140. CASES CITED: Varley v The Queen (1977) 51 LJR 243
MRK (Appellant) PARTIES: Regina (Respondent)
FILE NUMBER(S): CCA 2005/885
P Byrne SC, D Yehia (Appellant) COUNSEL: R Cogswell SC, A Michelmore, C Morris (Respondent)
S E O'Conner (Legal Aid Commission) (Appellant) SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70202/03
LOWER COURT JUDICIAL OFFICER: Sully J
IN THE COURT OF CRIMINAL APPEAL 2005/885 SPIGELMAN CJ GROVE J HALL J
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