R v Phan [2001] NSWCCA 29 (4 June 2001)

[2001] NSWCCA 29

CRIMINAL LAW – appeals – appeal against conviction – murder – directions to jury – discretion to exclude evidence – whether summing up unbalanced – whether necessary to give instructions on alternative verdict of manslaughter – criminal responsibility – distinction between common purpose and joint criminal enterprise – whether principal in second degree – whether mere presence enough to be guilty of murder – miscarriage of justice

Evidence Act 1995 ss 90, 138