NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Khalouf [2005] NSWCCA 395
HEARING DATE(S): 28 September 2005
JUDGMENT DATE: 18 November 2005
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 110; Rothman J at 111
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - appeal against conviction - murder - whether the jury were misdirected as to provocation under s 23(2)(b) and s 23(3)(a) of the Crimes Act - whether there was a failure to direct the jury as to consciousness of guilt - the proper use of the evidence of the appellant's accounts and any inconsistency therein.
Crimes Act 1900 LEGISLATION CITED: Evidence Act 1995
Broadhurst v the Queen [1964] AC 441 Edwards v The Queen (1993) 178 CLR 193 Green v The Queen (1996-1997) 191 CLR 334 Papakosmas v The Queen (1999) 196 CLR 297 Patterson v Regina (Cth) [2001] NSWCCA 316 CASES CITED: R v Hodge [2002] NSWCCA 10 R v Kalouf [2003] NSWCCA 179 R v Sievers [2004] NSWCCA 463 R v Villa [2005] NSWCCA 4 R v Wilson [2005] NSWCCA 20
The Crown PARTIES: Ali Khalouf (Resp)
FILE NUMBER(S): CCA 1004/05
P G Ingram (Crown) COUNSEL: P Byrne SC/I McLachlan (Appl)
Solicitor for Public Prosecutions (Crown) SOLICITORS: Ross Hill & Associates (Appl)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70061/00
LOWER COURT JUDICIAL OFFICER: Newman AJ
IN THE COURT OF CRIMINAL APPEAL 2005/1004
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate