R v IL [2016] NSWCCA 51

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v IL [2016] NSWCCA 51 Hearing dates: 26 August 2015 Decision date: 08 April 2016 Before: Simpson JA at [1]; R A Hulme J at [107]; Bellew J at [108] Decision: (1) The verdict of the Supreme Court of 2 December 2014, pursuant to which the respondent was acquitted of the murder of Zhi Min Lan is quashed.

(2) The verdict of the Supreme Court of 2 December 2014, pursuant to which the respondent was acquitted of the manslaughter of Zhi Min Lan is quashed.

(3) There be a new trial on the charges of murder and manslaughter. Catchwords: JURISDICTION – Crimes (Appeal and Review) Act 2001 (NSW), s 107(2) – appeal against acquittal by jury at direction of trial judge – whether grounds of appeal raise questions of law alone – both grounds assert errors of law in approach taken by trial judge

CRIMINAL LAW – appeal – Crimes (Appeal and Review) Act 2001 (NSW), s 107(2) – appeal against directed verdict of acquittal for constructive murder – whether trial judge erred by not applying correct test when determining no prima facie case of constructive murder – joint criminal enterprise – where death caused by ignition of ring burner – error in reasoning of trial judge – liability of respondent not derivative – principles of joint criminal enterprise applicable to foundational crime of manufacturing large commercial quantity of a prohibited drug – respondent liable for all acts taken in pursuit of enterprise – ignition of ring burner within this enterprise – acquittal of murder charge quashed

CRIMINAL LAW – appeal – Crimes (Appeal and Review) Act 2001 (NSW), s 107(2) – appeal against directed verdict of acquittal for constructive murder – where death caused by ignition of ring burner – Crimes Act 1900 (NSW), s 18(2)(a) – whether act causing death was "malicious" within s 18(2)(a)