An Illawarra man found to have participated in a joint drive-by shooting with a mate at Koonawarra in 2017 has failed to have his conviction overturned in the NSW Court of Criminal Appeal.
Tylan Brown's legal team argued the jury that presided over his February 2018 trial had been wrong to find him guilty of taking part in the Wyndarra Way shooting alongside his co-offender and best friend, 19-year-old Matthew McGarrigle.
They claimed the evidence presented at his District Court trial did not support the jury's ultimate conclusion there had been a "joint criminal enterprise" between Brown and McGarrigle, namely that the pair had agreed to act together as a team in carrying out the shooting, despite the fact that it was only McGarrigle who pulled the trigger.
However, Justices Peter Johnson, John Basten and Derek Price were unanimous in rejecting the appeal, finding there had been "ample evidence" for the jury to find Brown's guilt beyond reasonable doubt.
Court documents said McGarrigle was driving a stolen Toyota Prado when he, Brown and a female passenger named Carly Horn headed to a unit block in Penrose about 11pm on February 3, 2017.
McGarrigle drove slowly down the road before turning around, stopping outside one of the apartments and firing three shots into a parked vehicle, then speeding off.
(Brown was charged over this incident as well but acquitted at trial).
The owner of the car immediately called police before also phoning a relative who was babysitting children at a house in Koonawarra and advising him of the shooting and that a blue Prado had been involved.
The relative told the man a vehicle with the same description had just pulled up outside the Koonawarra house.
The car then drove off down the street however returned a few minutes later and pulled up near the letter box before two shots rang out.
None of the occupants at either home were injured.
Police discovered the Prado burnt out on Calderwood Road a short time later.
McGarrigle was charged with charged with two counts of discharging a firearm in public, and one count each of driving a stolen vehicle, destroying property by fire and possessing an unauthorised gun.
He pleaded guilty to the offences and was sentenced to five-and-a-half years jail, with a non-parole period of three years.
Brown was sentenced to four years and three months' jail, with a non-parole period of two years and nine months.