R v Ameli, Farhang Jabal; Bigeni, Joel Benjamin and Zulfigar, Farhad [2008] NSWDC 136

New South Wales District Court

CITATION: R v Ameli, Farhang Jabal; Bigeni, Joel Benjamin and Zulfigar, Farhad [2008] NSWDC 136

JUDGMENT DATE: 28 March 2008

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Begini, Zulfigar: s. 9 Bonds 15months, 12 months, fined $750. Ameli: s. 11 Bail for 9 months to provide opportunity to demonstrate capacity to rehabilitate.

CATCHWORDS: Criminal Law - Sentencing - Affray - Hinder police in investigation of co-accused - Mal wound (Ameli only) - prosecutorial overcharging - objective criminality - claim of accessorial involvement in affray, rejected - hindering police not constituting offence against the courts - false information supplied with secondary purpose of hindering police into co-offender's role as necessary step in hindering police investigation of own criminality - subjective matters - unsuitable psychological report - report fails to provide evidential basis for opinions given - provides opinions contrary to test results - fails to give sufficient details of personal history taken to support opinions given.

LEGISLATION CITED: Crimes Act 1900

R v Cuthbert [1967] 2 NSWR 329 CASES CITED: R v Rushby [1977] 1 NSWLR 597 R v Hayes [1984] 1 NSWLR 740

Regina PARTIES: Farhang Jabal Ameli Joel Benjamin Bigeni Farhad Zulfigar

FILE NUMBER(S): 2007/00015227001; 2007/00012860001; 2007/00015150001; 2007/00015228001

Defence: S. Odgers S.C. for Bigini COUNSEL: Defence: E.Y. Ozen for Zulfiquar Defence: L.J. Rowan for Ameli

SOLICITORS: Mr P.J. Thomson for Crown

JUDGMENT

1. It has been true for as long as I can remember that an unsupervised group of fourteen to twenty-six year old males and females plus copious quantities of alcohol is a recipe for unmitigated social disaster. That was the situation at 135 Pennant Hills Road Carlingford on 16 September 2006.