Youkhana v R [2015] NSWCCA 41

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Youkhana v R [2015] NSWCCA 41 Hearing dates: 09 March 2015 Decision date: 27 March 2015 Before: Meagher JA at [1]; Schmidt J at [36]; Bellew J at [37] Decision: Application for leave to appeal dismissed Catchwords: CRIMINAL LAW – conviction appeal – robbery – Crimes Act 1900 (NSW), s 97 – joint criminal enterprise – whether primary judge erred in direction on joint criminal enterprise – 'participation' required of member of joint enterprise present but not actively involved in the commission of agreed crime – whether jury ought to be directed that 'participation' requires more than proof that the accused was a party to an agreement and was present when agreed crime was committed Legislation Cited: Crimes Act 1900 (NSW), s 97(1) Criminal Appeal Rules, r 4 Cases Cited: Huynh v The Queen [2013] HCA 6; 87 ALJR 434 Libke v The Queen [2007] HCA 30; 230 CLR 559 M v The Queen [1994] HCA 63; 181 CLR 487 McAuliffe v The Queen [1995] HCA 37; 183 CLR 108 MFA v The Queen [2002] HCA 53; 213 CLR 606 Osland v the Queen [1998] HCA 75; 197 CLR 316 R v Chai [2002] HCA 12; 76 ALJR 628 R v Hillier [2007] HCA 13; 228 CLR 618 R v Tangye (1997) 92 A Crim R 545 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Youbert Youkhana (Applicant) Regina (Crown) Representation: Counsel: S Pararajasingham (Applicant) J Pickering SC (Crown)