NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v T Ibrahim [2001] NSWCCA 72 FILE NUMBER(S) : CCA 60096/00 HEARING DATE(S) : 14/02/2001 JUDGMENT DATE : 27 March 2001
PARTIES : Regina Taarruz Ibrahim JUDGMENT OF : Priestley JA at 1; Kirby J at 2; Howie J at 44
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/21/2153 LOWER COURT JUDICIAL Payne DCJ OFFICER :
COUNSEL : P Hock (Crown) J S Andrews (Appl) SOLICITORS : S E O'Connor (Crown) D J Humphreys (Appl) CATCHWORDS : CRIMINAL PRACTICE & PROCEDURE - Joint enterprise involving several counts - Effect of acquittal on some counts - Appropriate direction - Admissibility of evidence relating to counts in respect of which acquitted LEGISLATION CITED : Crimes Act, 1900 R v Birks (1990) 19 NSWLR 677 Garrett v The Queen (1977) 139 CLR 437 CASES CITED: The Queen v Storey (1987) 140 CLR 364 Gilbert v The Queen [2000] HCA 15 R v Brogacki (1973) 1 QB 832 DECISION : Appeal allowed; Convictions set aside; New trial ordered in respect of Counts 1 and 2.
IN THE COURT OF
CRIMINAL APPEAL 60096/00
PRIESLEY JA KIRBY J HOWIE J Wednesday 27 March 2001
REGINA v Taarruz IBRAHIM JUDGMENT
1 PRIESTLEY JA: I agree with Kirby J.
IN THE COURT OF
CRIMINAL APPEAL 60096/00
PRIESLEY JA KIRBY J HOWIE J Wednesday 27 March 2001
REGINA v Taarruz IBRAHIM JUDGMENT
2 KIRBY J: Mr Taarruz Ibrahim (the appellant) was charged with a number of offences said to have occurred on 11 March 1998 The indictment (incorporating certain amendments) was in these terms: Count 1 For that he on 11 March 1998, at Liverpool, in the State of New South Wales, did steal a 1978 Toyota Corona sedan Registration No JTW.373 the property of Manual Leon. (s154A(1)(a) Crimes Act, 1900) Count 2 Further that he on 11 March 1998, at Fairfield, in the State of New South Wales, did rob Antonietta Lopresto of one purse, a set of keys, a pair of reading glasses, personal papers, and $1.00 in money, the property of Antonietta Lopresto. (s94 Crimes Act, 1900)
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