NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Chahine [2006] NSWCCA 99
HEARING DATE(S): 8 February 2006
JUDGMENT DATE: 5 April 2006
JUDGMENT OF: Grove J at 1; Simpson J at 2; Rothman J at 3
DECISION: (a) Appeal against conviction dismissed; (b) Leave to appeal against sentence granted; (c) Appeal against sentence dismissed.
CATCHWORDS: Crime - conviction appeal - robbery in company - miscarriage of justice - direction on a retrial - direction on joint criminal enterprise - incompetence of counsel - whether verdict unreasonable or unsupported - appeal on sentence - manifest excess - failure to find special circumstances - non reference to s.21A by that description
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900
M v The Queen (1994) 181 CLr 487 MFA v The Queen (2002) 213 CLR 606 R v Habib [2005] NSWCCA 223 CASES CITED: RPS v The Queen (2000) 199 CLR 620 TKWJ v R (2002) CLR 124 R v Birks (1990) 19 NSWLR 677 Ratten v R (1974) 131 CLR 510 R v Moussa (No. 2) (2002) 134 A Crim R 296
PARTIES: Hassan Chahine Regina
FILE NUMBER(S): CCA 2005/1833
COUNSEL: A - Mr W Terracini SC C - Mr P Miller
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/0140
LOWER COURT JUDICIAL OFFICER: Shillington DCJ
- 1 - IN THE COURT OF CRIMINAL APPEAL 2005/1833
GROVE J SIMPSON J ROTHMAN J
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