They did not wield the knife used to kill Mr Taufaao, but Timothy Onslow, 26, and Brendan Cook, 25, could be charged with his murder under a section of the law known as constructive murder, which makes a person who causes a death while committing another serious crime liable for murder, even if they did not intend to kill or seriously harm the deceased.

Mr Onslow, represented by solicitor Mark Ramsland, and Mr Cook, represented by solicitor Drew Hamilton, had their matters mentioned in Newcastle Local Court on Wednesday, during which the DPP applied for an eight-week adjournment to finalise the charges against the pair.

Both men are currently charged with take and detain in company with intent to get advantage and occasion actual bodily harm, an offence which carries a maximum of 25 years in jail.

But the Newcastle Herald understands the DPP and detectives are considering whether the pair should be charged with constructive murder, an offence that can be laid if a death is caused by an act or omission done in the course of another crime that is punishable by life imprisonment or 25 years jail.

In those circumstances the law provides that a person may be guilty of murder, even if the act or omission causing death was not done with any intent to kill or to cause grievous bodily harm, or with any reckless indifference to human life.

A charge of constructive murder is most commonly laid when someone dies in the course of an armed robbery. If applied against Mr Cook and Mr Onslow, the case would be a unique approach to the law given Mr Cook, Mr Onslow and Mr Taufaao were allegedly on the same side of the melee.

Mr Cook and Mr Onslow are accused of kidnapping and bashing Killian Reynolds, who is charged with manslaughter over the death of Mr Taufaao.

According to a statement of police facts handed up to a magistrate during Mr Reynolds' bail application in March, Mr Reynolds was seen as a "soft target" by Mr Taufaao, Mr Cook and Mr Onslow and often transferred large sums of money into their accounts.

According to the police facts, Mr Reynolds had spent most of a $300,000 compensation payment awarded to him last November after a 2013 workplace accident - he had no fixed home and spent the money on hotels, prostitutes and drugs until only $15,000 was left four months after he received the compensation payment.

In the early hours of March 8 this year, Mr Reynolds was at King Street McDonald's when he was allegedly spotted by Mr Taufaao, Mr Cook and Mr Onslow.

The trio, who were in two cars, allegedly followed Mr Reynolds' car west along Donald Street before the vehicles all stopped at a red light. Mr Reynolds got out of the car and ran and was allegedly chased on foot by Mr Onslow and Mr Taufaao. The men allegedly wrestled before Mr Reynolds jumped onto the hood of a passing car in a bid to get help.

The people in that car allegedly witnessed Mr Reynolds and Mr Onslow fighting before Mr Taufaao allegedly joined in and bundled Mr Reynolds into a car allegedly being driven by Mr Cook.

Mr Cook is accused of driving Mr Reynolds to a unit in Coady Street, Hamilton South, where Mr Reynolds was allegedly detained and beaten.

Mr Reynolds said "I'm sick of this shit" and allegedly tried to leave the unit, but became involved in a fight with Mr Taufaao before Mr Reynolds allegedly grabbed a knife and stabbed Mr Taufaao a number of times, according to the police facts.

Mr Onslow has told detectives he believed he saw Mr Reynolds pull the knife out of his pants.

While Mr Taufaao was being stabbed, Mr Onslow is accused of repeatedly striking Mr Reynolds with a set of metal BMX handle bars, causing a fracture to his skull.

When police and emergency services arrived they found Mr Taufaao bleeding profusely and Mr Reynolds naked, semi-conscious and under a roll of carpet, behind a door in the kitchen.

While recovering in hospital, Mr Reynolds was charged with manslaughter but was granted bail after a magistrate found he had a "reasonably strong" self-defence case. Mr Reynolds will next appear in court next month.

Mr Onslow and Mr Cook will be back in court on November 27 when it is expected the DPP will have finalised their charges.

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