R v Itani [2021] NSWDC 26

District Court New South Wales

Medium Neutral Citation: R v Itani [2021] NSWDC 26 Hearing dates: 25 January 2021 – 12 February 2021 Decision date: 18 February 2021 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Verdict of not guilty Catchwords: Armed robbery; joint criminal enterprise Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Davidson v R (2009) 75 NSWLR 150; [2009] NSWCCA 150 Domican v The Queen (1992) 173 CLR 555; [1992] HCA 13 Ghani v Jones (1977) 1 QB 693 House v The King (1936) 55 CLR 499; [1936] HCA 40 McAuliffe v The Queen (1995) 183 CLR 108; [1995] HCA 37 R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 R v Riley [2020] NSWCCA 283 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Khaled Itani (Accused) Representation: Counsel: C Dodds (Crown) A Moutasallem (Accused) Solicitors: R Nezval (Crown) D Gaudiello (Accused) File Number(s): 18/360930 Publication restriction: Nil

index index Judgment ON VERDICT The evidence in the Crown case Evidence of Mr Tom Andrews Evidence of Yilmaz Yildiz Evidence of Satya Kong Evidence of Constable Jin Choi Reasons for judgment on the voir dire Evidence on the Voir Dire Submissions on behalf of the accused Submissions on behalf of the Crown Submissions in reply Determination Further evidence in the Crown case – Detective Senior Constable Casey Braz Evidence of Mr Christopher Preece Officer in charge recalled Evidence of Da-Ren Xie Evidence of Alannah Sheekey Evidence of Ibrahim Droubi Evidence of Zahara Michails Evidence of Cristian Salazar Evidence of John Phillip Brosnan Further evidence by the Officer in charge Evidence of Alice Tran Evidence of Detective Senior Constable Haithem Jouni Officer in charge recalled The Crown address The address on behalf of the accused Directions of law Circumstantial evidence – link in the chain direction Direction – expert witness evidence Direction in respect of the accused's evidence (Liberato Direction) Direction as to lies by the accused (Zoneff v The Queen) Direction - the election of the accused not to give evidence Direction – the good character of the accused Assessment of witnesses generally Factual findings Findings based on the accused's banking records and expert evidence of Ms Tran The post-event exculpatory conduct of the accused Determination Order