High Court of Australia

Huynh v The Queen [2013] HCA 6

Duong v The Queen

Sem v The Queen

87 ALJR 434; 295 ALR 624

13 Mar 2013

Case Number: A30/2012 A31/2012 A32/2012


French CJ, Crennan, Kiefel, Bell, Gageler JJ


Criminal law – Directions to jury – Joint enterprise liability – Participation in joint criminal enterprise – Where participation in enterprise not live issue at trial – Whether necessary for trial judge to direct jury on elements of liability not in issue at trial.

Criminal law – Summing-up – Joint trial – Where almost all evidence at trial admissible against each accused – Where trial judge identified criticisms of evidence and significance of criticisms to each accused's case – Whether trial judge obliged to deal separately with each accused's case when summing-up in joint trial.

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