NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Yasser Ahmad v Regina [2004] NSWCCA 460 HEARING DATE(S) : 1 October 2004 JUDGMENT DATE : 17 December 2004
JUDGMENT OF : Dunford J at 1; Hoeben J at 2; Smart AJ at 3 DECISION : Appeal against conviction dismissed. Leave to appeal against sentence refused.
CATCHWORDS : Fears by juror for her safety as she lived close to appellant and his family - fears not communicated to remainder of jury - juror discharged, trial proceeded. Photo identification permissible as accused could not be located promptly - array of photographs satisfactory - effect of comments of victim during sighting of photographs - displacement effect not a real consideration in circumstances - comprehensive directions and warnings as to identification - directions and warnings adequate - summing-up balanced and unobjectionable - verdict not unreasonable and supported by evidence LEGISLATION CITED : Evidence Act 1995 Criminal Appeal Act 1912 s.6(1) CASES CITED : MFA v The Queen (2002) 213 CLR 606 M v The Queen (1994) 181 CLR 487 at 493-494 PARTIES : Yasser Ahmad v Regina FILE NUMBER(S) : CCA 2004/1817 CCAP COUNSEL : (A) P Byrne SC (C) D Howard SOLICITORS : (A) Murphys Lawyers Inc (C) S Kavanagh
LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0217 FILE NUMBER(S) : LOWER COURT Morgan DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 2004/1817 CCAP DUNFORD J HOEBEN J SMART AJ
F riday , 17 D ecember 2004
Yasser AHMAD v DIRECTOR OF PUBLIC PROSECUTIONS JUDGMENT
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