NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: TAUFAHEMA v R [2007] NSWCCA 33
HEARING DATE(S): 1 February 2007
JUDGMENT DATE: 16 February 2007
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 45; Price J at 46
DECISION: 1. Appeal upheld; 2. The conviction for murder quashed and a new trial ordered
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - conviction for murder on the basis of joint criminal enterprise - use of firearm by a companion to avoid arrest - error in directions to jury on joint enterprise murder - contemplation of an intention to kill or inflict serious bodily harm - whether further oral directions can cure written directions - whether trial judge ought to have left alternate verdict of manslaughter to the jury
LEGISLATION CITED: Crimes Act 1900
Gilbert v R (2000) 201 CLR 414 Gillard v R (2003) 219 CLR 1 McAuliffe v The Queen (1995) 18 3 CLR 108 CASES CITED: R v Jackson [1993] 4 SCR 573 R v Kanaan [2005] NSWCCA 385 R v Lagi [2004] NSWCCA 443 R v Sharah (1992) 30 NSWLR 292 Taufahema v The Queen (2006) 162 A Crim R 152
PARTIES: John Taufahema (Appl) The Crown
FILE NUMBER(S): CCA 2006/2228
COUNSEL: T A Game SC (Appl) D Frearson SC/J A Girdham (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70236/02
LOWER COURT JUDICIAL OFFICER: Wood CJ at CL
LOWER COURT DATE OF DECISION: 2 October 2003
IN THE COURT OF CRIMINAL APPEAL 2006/2228
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