R v Tyrone Chishimba, Tyrone Chishimba v R; Likumbo Makasa v R, R v Likumbo Makasa; Mumbi Peter Mulenga v R, R v Mumbi Peter Mulenga [2010] NSWCCA 228 — Conviction Appeal & Criminal Complicity — Barrister AI
R v Tyrone Chishimba, Tyrone Chishimba v R; Likumbo Makasa v R, R v Likumbo Makasa; Mumbi Peter Mulenga v R, R v Mumbi Peter Mulenga
› whether on whole of evidence it was open to jury to be satisfied beyond reasonable doubt that appellants part of joint criminal enterprise to commit sexual assault on 15 year old girl
› identity of actual perpetrator of sexual act unknown
› whether appellants aware that sexual intercourse with complainant was taking place and that she was asleep when this commenced
› whether inference could be drawn that appellants encouraged commission of criminal act
Criminal Law
› criminal complicity
› joint criminal enterprise
› persons acting in concert
› presence when crime committed
› what constitutes encouragement to commit crime
› correctness of direction as to recklessness as to consent of complainant
Case Details
Citation[2010] NSWCCA 228
CourtNSWCCA
JurisdictionNew South Wales
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