Seifeddine v R [2021] NSWCCA 214

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Seifeddine v R [2021] NSWCCA 214 Hearing dates: 9 April 2021 Date of orders: 9 April 2021 Decision date: 06 September 2021 Before: McCallum JA, Garling J, Cavanagh J Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Convictions quashed. (4) Direct that the appellant be released immediately. Catchwords: CRIME – Appeals – appeal against conviction –whether verdicts unreasonable – trial for offences of unauthorised possession of firearms – where sole issue at trial was whether applicant was in possession of firearms – circumstantial Crown case – whether Crown excluded reasonable possibility of secondary transfer of DNA – expert evidence as to possible contamination of DNA evidence Legislation Cited: Criminal Appeal Act 1912 (NSW) s 6(1) Firearms Act 1996 (NSW) ss 7(1), 36(1), 66(1)(b) Weapons Prohibition Act 1998 (NSW) s 7(1) Cases Cited: Adams v R [2018] NSWCCA 303 Fitzgerald v The Queen (2014) 311 ALR 158; [2014] HCA 28 Category: Principal judgment Parties: M Seifeddine (Applicant) Crown (Respondent) Representation: Counsel: P Lange (Applicant) G Newton (Respondent)

Solicitors: A Soukie (Applicant) Office of Director of Public Prosecutions (Respondent) File Number(s): 2017/242692 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 25 July 2019 Before: Woodburne DCJ File Number(s): 2017/242692