Odisho v The Queen (2018) 271 A Crim R 325; [2018] NSWCCA 19
- casetreasury
- Aug 1, 2024
- 3 min read
Facts: Defendant (D) was convicted of assault and possession of a pistol without a licence. Witness X was the one who fired the gun. Prosecution’s (Pr) case was that D & X were in a joint enterprise to punish the victim (V) for using cocaine that he was supposed to sell. V apparently used cocaine (without paying for it); X, V, D drove to a house and V remained in the car while X & D (and others) made an agreement that X was to shoot V twice. X was told he’d be shot unless he shot V (because he vouched for V). D obtained the pistol and went with X to ensure he carried out the shooting. They then drove to V’s house, with D in the front passenger seat and V in the back seat. X stopped along the way, at which time D loaded the pistol and handed it to him. X turned around and shot V at close range while V was sitting in the back seat. X drove to a house where they left V & his vehicle. V got into the driver’s seat of his car and drove to the hospital. V provided 2 statements to the police, the contents of which were broadly consistent with the Pr case. However, at trial, V disavowed the statements and gave evidence that D was not present when X shot him, and that he had not seen him on that evening. He maintained that the reference in his statements to D’s presence at the shooting had been inserted by the police.