Majeed v R [2022] NSWCCA 105

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Majeed v R [2022] NSWCCA 105 Hearing dates: 9 May 2022 Date of orders: 25 May 2022 Decision date: 25 May 2022 Before: Macfarlan JA at [1]; N Adams J at [39]; Dhanji J at [40]. Decision: (1) Extend the time for filing the applicant's notice of appeal to the date upon which it was filed. (2) Grant leave to appeal. (3) Allow the appeal. (4) Quash the convictions of the applicant on Counts 3 and 4 of the indictment. (5) In lieu thereof, enter verdicts of acquittal in favour of the applicant on Counts 3 and 4 of the indictment. Catchwords: CRIME — appeal against conviction — whether jury's verdicts unreasonable — one count of armed robbery and one count of assault with intent to rob — victims did not identify appellant — no objective evidence connecting appellant with offences — Crown case dependent on evidence of a co-accused who was the driver of the vehicle — driver's evidence unsatisfactory — not open to jury to accept driver's evidence as proving appellant's guilt beyond reasonable doubt — convictions quashed and verdicts of acquittal entered Legislation Cited: Crimes Act 1900 (NSW), ss 35(3), 97(1), 98 Evidence Act 1995 (NSW), ss 38, 165 Cases Cited: Sakhra v R [2021] NSWCCA 187 Category: Principal judgment Parties: Noor Ali Majeed (Applicant) Regina (Respondent) Representation: Counsel: A Moutasallem (Applicant) A Morris (Respondent)