NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : REGINA v Bassam HAMZY [2004] NSWCCA 243 HEARING DATE(S) : 8 June 2004 JUDGMENT DATE : 23 July 2004
JUDGMENT OF : Mason P at 1; Levine J at 143; Kirby J at 144 DECISION : Appeal against conviction dismissed.; Grant leave to appeal against sentence but dismiss sentencing appeal.
CATCHWORDS : APPEAL AGAINST CONVICTION - whether similarity evidence wrongfully admitted - whether directions to jury on identification evidence were erroneous - leave to raise ground of appeal refused as no objection taken at trial - whether documents wrongfully admitted - only prejudicial because probative of guilt - whether judge erred in failing to recount details of criminality of witness - whether judge erred in failing to tell jury which evidence provided corroboration - whether judge failed to fully sum up evidence of witnesses - whether accused was incompetently represented - whether trial miscarried - whether verdict unsafe - APPEAL AGAINST SENTENCE - whether sentence unduly harsh and severe - whether judge failed to take accont of youthfulness, rehabilitation or gravity of the offence. PARTIES : REGINA Bassam HAMZY FILE NUMBER(S) : CCA 60199 of 2002 COUNSEL : Crown: P Ingram Appellant: M Ramage QC SOLICITORS : Crown: S Kavanagh Appellant: G Goold
LOWER COURT Supreme Court JURISDICTION : LOWER COURT 70054/00; 70023/01 FILE NUMBER(S) : LOWER COURT Bell J JUDICIAL OFFICER :
THE COURT OF CRIMINAL APPEAL CCA 60199/02
MASON P LEVINE J KIRBY J
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