NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: IMNETU v REGINA [2006] NSWCCA 203
HEARING DATE(S): 7 June 2006
JUDGMENT DATE: 30 June 2006
JUDGMENT OF: McClellan CJ at CL at 1; Johnson J at 51; Latham J at 52
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - APPEAL AGAINST CONVICTION - murder - joint criminal enterprise - circumstantial case - directions on inferences - directions given by way of example - exact words 'hypothesis consistent with innocence' not used - exact words 'only rational inference' not used - whether miscarriage of justice resulted from Crown comments on offender's good character - comments indicating that the jury could place less weight on offender's good character - CRIMINAL LAW - APPEAL AGAINST SENTENCE - whether error in assessment of culpability - whether offence correctly assessed as being above the mid-range of seriousness - level of involvement in the joint criminal enterprise - whether planning and offence committed in company were aggravating factors
LEGISLATION CITED: Crimes (Sentencing Procedure) Act
Barca v R (1975) 133 CLR 82 Elyard v Regina [2006] NSWCCA 43 Grant v R 11 ALR 503 CASES CITED: Knight v R (1992) 175 CLR 495 R v Hodge (1838) 2 Lewin CC 227 Shepherd v The Queen (1990) 170 CLR 573 Stevens v R [2005] HCA 65
PARTIES: Joussef Tecle Imnetu (Appl) The Crown
FILE NUMBER(S): CCA 2006/437
COUNSEL: T A Game SC (Appl) D M L Woodburne (Crown)
SOLICITORS: Giddy and Crittenden (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
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