The Queen v Taufahema

Criminal law – Joint criminal enterprise - Extended common purpose - Respondent alleged to be party to a joint criminal enterprise - Respondent convicted of murder - Appeal against conviction allowed on the ground of a wrong direction on a question of law - Conviction quashed and verdict of acquittal entered.

Criminal law and procedure – Retrial - Whether the verdict of acquittal should be set aside and a new trial ordered - Whether retrial can be ordered where the classification of the joint criminal enterprise differs from that presented at the first trial - Whether difference of classification constitutes a new case not made at the first trial - Meaning of "new case" - Whether retrial appropriate where case at trial adopted by prosecution for tactical reasons - Whether granting retrial on a "new case" is consistent with even-handed disposition of criminal appeals.

Courts – Court of Criminal Appeal - Criminal Appeal Act 1912 (NSW), s 8(1) - Discretion of Court of Criminal Appeal to order new trial upon successful appeal against conviction - Circumstances to be taken into account.

Courts – High Court of Australia - Practice and procedure - Special leave to appeal - Application by Crown for special leave to appeal against a verdict of acquittal entered by a Court of Criminal Appeal - Circumstances to be taken into account.

Words and phrases – "new case", "foundational crime", "extended common purpose".

Crimes Act 1900 (NSW) – ss 18, 33B, 546C. Criminal Appeal Act 1912 (NSW), ss 5(1), 6(1), 6(2), 8(1).