Australia, March 12 -- New South Wales Land and Environment Court issued text of the following judgement on Feb. 13:

1. Pursuant to a Notice of Motion filed on 21 October 2024 on behalf of Evan Taylor and submissions dated 20 September 2024 filed on behalf of Zackary Locke and Jake Leroy Dillon ("the applicants"), each applicant applies for a grant of a certificate pursuant to the Costs in Criminal Cases Act 1967 (NSW) ("the Act"). The Crown opposes the applications.

2. Jayden Bowden, Jake Leroy Dillon, Zackary Locke and Evan Taylor were charged with the murder of Mak Muon ("the deceased"). The Crown case against each accused relied on joint criminal enterprise and, in the alternative, extended joint criminal enterprise.

3. The trial commenced before me on 20 May 2024. At the commencement of the trial Mr Bowden pleaded not guilty to murder but guilty to manslaughter. The Crown did not accept the plea of guilty to manslaughter in satisfaction of the indictment. The remaining accused, the applicants in these proceedings, pleaded not guilty to the sole count on the indictment, namely murder.

4. On 4 July 2024 the jury returned verdicts in the case of each accused. Mr Bowden was found not guilty of murder but guilty of manslaughter. Mr Dillon, Mr Locke and Mr Taylor were each found not guilty of murder and not guilty of manslaughter.

Overview of the Crown Case

5. At trial, the Crown case was that in the early hours of 24 September 2020, the deceased committed a home invasion at 15A Lauder Street, Doonside. He was in the company of Gregory Ambler and Thomas Matycz. Each of these perpetrators were wearing face coverings and carrying weapons. The deceased was armed with a pistol and the other two men were carrying machetes or knives.

6. Mr Bowden resided at 15A Lauder Street. He lived in a granny flat at the premises. His mother, Stacey Byrne lived in the main house with her partner, Shane Stirling. Mr Bowden's girlfriend, Jaysin Hay, was staying with him on the night of the home invasion.

7. At about 1:00am on 24 September 2020, Ms Hay was woken up by Mr Bowden yelling for his mother.

8. The deceased said words to the effect of, "[w]here is your money. Where is your drugs. Give us your bikes." Ms Hay heard all of the intruders involved saying similar things to Mr Bowden.

9. Mr Bowden was forced to the ground by two of the males who then began searching the granny flat and opening drawers and cupboards. At some point the deceased and the other males involved went outside of the granny flat with Mr Bowden.

10. Ms Hay grabbed her phone and called Ms Byrne, telling her that there were people in the granny flat. Ms Hay hung up soon after. Right after this, one of the males, likely Mr Ambler, came into the granny flat and said, "[w]ho was that?". Mr Ambler was holding a machete style knife.

11. Mr Ambler held Ms Hay down with his forearm and struggled with her, eventually managing to snatch her mobile phone out of her hand. This phone was an Apple iPhone 7.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/194f4a0595c4bdd995f388c9)

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