El-Badawi v R [2021] NSWCCA 196

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: El-Badawi v R [2021] NSWCCA 196 Hearing dates: 24 March 2021 Decision date: 20 August 2021 Before: Hoeben CJ at CL at [1]; Campbell J at [191]; Hamill J at [217] Decision: (1) Leave to appeal against conviction is granted. (2) The appeal against conviction is dismissed. Catchwords: CRIMINAL LAW – conviction appeal – wound with intent to cause grievous bodily harm – s 33A(1)(a) Crimes Act 1900 – whether there was a reasonable possibility that the applicant believed that his conduct was necessary in order to defend his sister – if so was there also a reasonable possibility that what the applicant did was a reasonable response in the circumstances as he perceived them – applicant brought loaded pistol to meeting with complainant – reasonable possibility that applicant believed it was necessary to shoot complainant in order to defend his sister excluded – whether verdict of the jury was unreasonable or cannot be supported having regard to the evidence – whether mental element of offence proved beyond reasonable doubt – evidence of witnesses required careful assessment – reliability and credibility issues – unreasonable verdict not established. Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Chidiac v R (1991) 171 CLR 432; [1991] HCA 4 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12 R v Dziduch (1990) 47 A Crim R 381 R v Katarzynski [2002] NSWSC 613 R v Nguyen (2010) 242 CLR 491; [2010] HCA 38 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Sivaraja v R; Sivathas v R [2017] NSWCCA 236 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: Ahmed Mouner El-Badawi – Applicant Regina – Respondent Crown Representation: Counsel: E Ozen SC – Applicant K Jeffreys – Respondent Crown