R v MRK [2005] NSWCCA 271 (4 August 2005)

[2005] NSWCCA 271

CRIMINAL LAW

Appeal

Against Conviction

s61JA of the Crimes Act 1900

Aggravated Sexual Assault in Company

Joint criminal enterprise

Where aggravating factor was use of offensive weapon, a knife

Whether sufficient evidence that Appellant was party to agreement to use knife

Whether open to jury to find element of aggravation

CRIMINAL LAW

Appeal

Against Conviction

s61JA of the Crimes Act 1900

Aggravated Sexual Assault in Company

Joint criminal enterprise

Directions to Jury

Whether erroneous

Whether adequate

Whether onus of proof properly stated

Whether verdicts reasonable