NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Raad v Regina [2007] NSWCCA 311
HEARING DATE(S): 30/10/2007
JUDGMENT DATE: 13 November 2007
JUDGMENT OF: Handley AJA at 1; Hidden J at 2; Hoeben J at 3
DECISION: Appeal dismissed.
CATCHWORDS: Conviction appeal - robbery armed with an offensive weapon - whether verdict unreasonable or cannot be supported having regard to the evidence - identification by victim - inconsistencies in description of offender - effect of alibi evidence - matters not volunteered by victim - importance of photo identification process.
LEGISLATION CITED: Crimes Act 1900
CASES CITED: M v The Queen (1994) 181 CLR 487
PARTIES: Ahmed Raad - Applicant Regina - Respondent
FILE NUMBER(S): CCA 2007/00002866002
COUNSEL: RJ Button SC - Applicant Ms N Adams - Respondent Crown
SOLICITORS: S O'Connor, Legal Aid Commission - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/3182
LOWER COURT JUDICIAL OFFICER: Nicholson DCJ
LOWER COURT DATE OF DECISION: 16/03/2007
IN THE COURT OF CRIMINAL APPEAL 2007/00002866002
HANDLEY AJA HIDDEN J HOEBEN J
Thursday 13 November 2007 Ahmed RAAD v REGINA Judgment 1 HANDLEY AJA: I agree with Hoeben J. 2 HIDDEN J: I agree with Hoeben J. 3 HOEBEN J: Offence and appeal On 16 January 2007 the appellant was indicted before his Honour Judge Nicholson SC on the following charge:
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