For constructive murder under s 18(1)(a) of the Crimes Act 1900 (NSW), where the Crown relies on JCE to commit the foundational offence, no further mental element as regards death is required — the third element in R v Sharah should no longer be followed in JCE cases, and self-defence remains unavailable to constructive murder notwithstanding the enactment of ss 418-421.
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