R v Ng [2018] NSWDC 145

District Court New South Wales

Medium Neutral Citation: R v Ng [2018] NSWDC 145 Hearing dates: 1 March 2018 Date of orders: 25 May 2018 Decision date: 01 March 2018 Jurisdiction: Criminal Before: Wilson SC DCJ Decision: The application by accused for a verdict by direction is dismissed Catchwords: VERDICT BY DIRECTION – no case to answer Cases Cited: Doney v R (1990) 171 CLR 207 May v O'Sullivan (1955) 92 CLR 654 Osland v The Queen [1998] 197 CLR 316 R and Tangye (1997) 92A Crim R 545 R v Bilick (1984) 36 SASR 321 R v JMR (1991) 57 A Crim R 39 R v JMR (1991) 57 A Crim R 39 Category: Procedural and other rulings Parties: Regina (Crown) Trevor Ng (Accused) Representation: Mr Mehta (Crown) Mr P Skinner of counsel (Accused)

Solicitors: ODPP (Crown) Longton Legal (Accused) File Number(s): 2016/20870 Publication restriction: None

REASONS

INTRODUCTION 1. On 28 February 2018, the third day of the trial, counsel for the accused made an application that there was no case to answer, also known as an application for a verdict by direction. 2. Submissions on the application were heard on 1 March 2018 [T124].

THE CHARGE ON THE INDICTMENT 1. Before turning to the submissions, I note that the charge on the indictment read: On 24 August 2015, at Rydalmere in the State of New South Wales, (Trevor Ng) wounded Sheng Xiao with intent to cause grievous bodily harm. 1. The case against the accused was put on the basis, that although he did not commit the offence directly, he was criminally liable pursuant to the principles of joint illegal enterprise or extended joint illegal enterprise.