NSW Caselaw
Reported Decision : 157 A Crim R 219
New South Wales Court of Criminal Appeal
R v Abdallah [2005] NSWCCA 365 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 August 2005
JUDGMENT DATE: 16 November 2005
JUDGMENT OF: Simpson J at 1; Johnson J at 96; Rothman J at 97
DECISION: (i) appeal against conviction dismissed; (ii) in respect of the sentence imposed on each count, leave to appeal be granted, the sentence imposed be confirmed save and except that each sentence be specified to commence on 8 March 2004. The earliest date on which the appellant would be eligible for release on parole is 7 September 2009.
CATCHWORDS: appeal against conviction for shooting at a person with intent to do grievous bodily harm - fracas in club - three shots fired - security guard injured by bullet - expert evidence - videotape evidence with time counter - still photographs as evidence - whether verdict unreasonable - whether miscarriage of justice resulted from failure to direct the jury - the meaning of "shoot at" - indispensable facts of Crown case - evidence referred to in summing up - obligation of trial judge in summing up - application for leave to appeal against sentences imposed - subjective circumstances - contrition and remorse - criminality - youth - reduced value of pleas of guilty - pre-trial custody
Crimes Act 1900 s33A(1), s34, s35, s93G(1)(b) LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s44(2) Criminal Law Consoldiation Act 1935 (SA) s21(c)
M v The Queen [1994] HCA 63; 181 CLR 487 R v AEM [2002] NSWCCA 58 R v Allam, NSWCCA, unreported, 13 April 1993 R v Evans (1973) 5 SASR 183 R v GDP (1991) 53 A Crim R 112 R v Gordon Benson Marshall (1987) 26 A Crim R 259 CASES CITED: R v Nichols (1991) 57 A Crim R 391 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v WKR (1993) 32 NSWLR 447 Shepherd v The Queen [1990] HCA 56; 170 CLR 573 Smith v The Queen [2001] HCA 50; 206 CLR 650 The Queen v de Simoni [1981] HCA 31; 147 CLR 383
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