R v Bentley; R v Davies; R v Thomas; R v Tilley [2018] NSWSC 332

Supreme Court New South Wales

Medium Neutral Citation: R v Bentley; R v Davies; R v Thomas; R v Tilley [2018] NSWSC 332 Hearing dates: 9 and 12 March 2018 Date of orders: 12 March 2018 Decision date: 12 March 2018 Jurisdiction: Common Law Before: Harrison J Decision: Jury directed in accordance with these reasons Catchwords: CRIME – joint criminal enterprise ­– extended joint criminal enterprise ­– self-defence ­­– whether self-defence should be left to the jury in relation to accused who did not commit the act which caused death

CRIME ­– extended joint criminal enterprise ­­– whether jury should be directed that the Crown must establish that each accused must be aware that an extendable baton was to taken to the premises ­– where cause of death unknown

CRIME – constructive murder ­– whether constructive murder should be left to the jury ­ Cases Cited: Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75 IL v The Queen (2017) 91 ALJR 764; [2017] HCA 27 Hawi v R (2014) 244 A Crim R 159; [2014] NSWCCA 83 Clayton v The Queen (2006) 81 ALJR 439; [2006] HCA 58 R v Sharah (1992) 30 NSWLR 292 Taufahema v R [2007] NSWCCA 33 Category: Procedural and other rulings Parties: Regina (Crown) Mitchell James Bentley (Accused) Jack Davies (Accused) William Patrick Thomas (Accused) Jamie Michael Tilley (Accused) Representation: Counsel: D Scully (Crown) J Trevallion (Accused Bentley) P D Young SC (Accused Davies) N Carroll (Accused Thomas) J Stratton SC (Accused Tilley)