Zahed, Abdul v R [2025] NSWCCA 24

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zahed, Abdul v R [2025] NSWCCA 24 Hearing dates: 12 February 2025 Date of orders: 28 February 2025 Decision date: 28 February 2025 Before: Basten AJA at [1]; McNaughton J at [58]; Weinstein J at [59] Decision: (1) Grant the applicant leave to appeal against the sentence imposed on him for being an accessory after the fact to murder. (2) Dismiss the appeal. Catchwords: CRIME – appeal against sentence – conviction for being accessory after the fact to murder – offender said to have acted out of "misguided sense of loyalty" to brother – lengthy criminal history – risk of institutionalisation – low objective gravity – manifest excess EVIDENCE – sentencing on basis of agreed facts – agreed facts in relation to sentencing of co-offender tendered on issue of parity – agreement in that case that brother shot victim not accepted as a fact – rules of evidence not applicable – no error in refusing to rely on facts agreed in other case except on parity Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 44 Evidence Act 1995 (NSW), ss 4, 60, 136 Cases Cited: Barrett v R [2011] NSWCCA 213 Jackson v R [2010] NSWCCA 162 Keen v R [2024] NSWCCA 157 Likiardopolous v The Queen (2012) 247 CLR 265; [2012] HCA 37 Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46 McCosker v R [2022] NSWCCA 127 R v Lemene [2001] NSWCCA 5; 118 A Crim R 131 Category: Principal judgment Parties: Abdul Kadir Zahed (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: M Thangaraj SC / J Petry (Applicant) M Millward (Respondent)