NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v KAUFUSI [2005] NSWCCA 434
HEARING DATE(S): 26 September 2005
JUDGMENT DATE: 14 December 2005
JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 2; Rothman J at 3
DECISION: (a) Leave to appeal against sentence be refused;; (b) Appeal be dismissed.
CATCHWORDS: Criminal Law - appeal against conviction - maliciously inflicting grievous bodily harm - requirement to direct jury on self defence - no reasonable hypothesis for self-defence - Rule 4 of Criminal Appeal Rules - whether verdict unreasonable and unsupported by evidence
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Rules Criminal Appeal Act 1912
Pemble v The Queen (1971) 124 CLR 107 Mansini v DPP [1942] A C 1 Kwaku Mensah v The King [1946] AC 83 Barca v The Queen (1975) 133 CLR 82 CASES CITED: R v Clarke (1995) 78 A Crim R 226 R v Abusafiah (1991) 24 NSWLR 531 M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606
Moli KAUFUSI PARTIES: The Queen
FILE NUMBER(S): CCA 2005/1207
Mr J Bennett SC COUNSEL: Mr G Nicholson QC
A - Mr William Whitby SOLICITORS: C - S Kavanagh
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0533
LOWER COURT JUDICIAL OFFICER: Blackmore DCJ
- 1 - IN THE COURT OF CRIMINAL APPEAL 2005/1207
McCLELLAN CJ at CL HISLOP J ROTHMAN J
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