R v Jaghbir (No 3) [2020] NSWSC 1383

Supreme Court New South Wales

Medium Neutral Citation: R v Jaghbir (No 3) [2020] NSWSC 1383 Hearing dates: 7 – 11 September 2020; 15 – 18 September 2020; 21 - 22 September 2020 Date of orders: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Common Law Before: Davies J Decision: The accused Ahmed Jaghbir is guilty of procuring, aiding and counselling unknown persons to murder Kemel Barakat Catchwords: CRIME - accessory before the fact to murder - trial by judge alone - circumstantial evidence case - where deceased was shot whilst he was asleep in his unit in a security building - where assailants entered the unit by unlocking the front door with a key in their possession - where unsuccessful attempt made by assailants to gain access to deceased's unit two days prior - where accused asked to repair the front door of the deceased's unit one week before the killing - whether the accused provided a key and/or information to enable access to the unit where the deceased resided - where accused the only person who could have provided a duplicate key - where accused made admission indicating that he had some involvement in setting up the entry of the assailants - evidence of accused's knowledge of unsuccessful attempt two days prior - relevance of motive - where no reasonable explanation consistent with the innocence of the accused - accused found guilty Legislation Cited: Criminal Procedure Act 1986 (NSW) s 133 Evidence Act 1995 (NSW) ss 38, 165 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Burrell v R [2009] NSWCCA 163 Chamberlain v The Queen (No 2) (1984) 153 CLR 521 Davidson v R [2009] NSWCCA 150 Plomp v the Queen (1963) 110 CLR 234 R v Jaghbir (No 2) [2020] NSWSC 955 R v Merritt [1999] NSWCCA 29 Shepherd v The Queen (1991) 170 CLR 573 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Texts Cited: Nil Category: Principal judgment Parties: Crown Ahmed Jaghbir (Accused) Representation: Counsel: C Taylor (Crown) G James QC & E James (Accused)