Jaghbir v R [2023] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jaghbir v R [2023] NSWCCA 175 Hearing dates: 31 October 2022 Decision date: 12 July 2023 Before: Button J at [1]; McNaughton J at [201]; R A Hulme AJ at [205] Decision: (1) Leave to appeal against conviction granted (2) Appeal dismissed Catchwords: CRIME – appeals – appeal against conviction – judge alone trial – accessory before the fact to murder – where deceased fatally shot by unknown intruders while asleep in apartment – where intruders entered apartment by unlocking front door with copied key in their possession – circumstantial case – finding that the applicant had provided the copied key to the intruders disputed – whether the verdict was unreasonable – whether Crown was obliged to prove beyond reasonable doubt that a named person had been one of the principal offenders– open to trial judge to return verdict of guilty – identification of particular person as one of the perpetrators not an indispensable intermediate fact – no requirement for identity of principal offender to be proven beyond reasonable doubt – sufficient that applicant believed person had been involved in the murder – leave to appeal granted – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) s 346 Jury Directions Act 2015 (Vic) s 62 Cases Cited: Burrell v The Queen [2009] NSWCCA 163 Chamberlain v The Queen (No 2) (1984) 153 CLR 521; [1984] HCA 7 Dansie v The Queen [2022] HCA 25 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Giorgianni v The Queen (1985) 156 CLR 473; [1985] HCA 29 Humphries v R [2015] NSWCCA 319 King v The Queen (1986) 161 CLR 423; [1986] HCA 59 M v The Queen (1994) 181 CLR 487; [1994] HCA 63 R v Botrus (No 4) [2020] NSWSC 1449 R v Davidson [2009] NSWCCA 150 R v Jaghbir (No 3) [2020] NSWSC 1383 R v Merritt (1999) NSWCCA 29 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Slattery v R [2023] NSWCCA 117 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Principal judgment Parties: Ahmed Jaghbir (Applicant) Rex (Respondent) Representation: Counsel: T Game SC, P Lange, and E James (Applicant) M Millward (Respondent)