Safarjalani v R [2020] NSWCCA 337

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Safarjalani v R [2020] NSWCCA 337 Hearing dates: 10 November 2020 Decision date: 18 December 2020 Before: McCallum JA at [1]; Bellew J at [104]; Wright J at [105] Decision: 1. Grant leave to appeal. 2. Allow the appeal. 3. Quash the conviction and sentence and substitute a verdict of acquittal. Catchwords: CRIME — appeal against conviction — murder by shooting — evidence that one of two men present at the scene shot the deceased — where Crown case put in the alternative that the applicant was either the shooter or in a joint criminal enterprise with the shooter — evidence in Crown case tending to exclude the applicant as the shooter — whether verdict unreasonable Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6(1) Criminal Procedure Act 1986 (NSW), s 159 Cases Cited: Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 R v Qaumi & Ors (AVL) [2015] NSWSC 1711 R v Safarjalani (No 2) [2019] NSWSC 105 Category: Principal judgment Parties: Gazi Safarjalani (Applicant) Crown (Respondent) Representation: Counsel: T F Woods with E Bartley (Applicant) E Balodis (Crown)

Solicitors: Longton Legal (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2017/0057181 Publication restriction: None Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Criminal Citation: [2019] NSWSC 105 Date of Decision: 15 February 2019 Before: Walton J File Number(s): 2017/00057181