Regina v Abdul Darwiche [2006] NSWSC 922

New South Wales Supreme Court

CITATION : Regina v Abdul Darwiche [2006] NSWSC 922

HEARING DATE(S) : 20/2/06, 21/2/06, 22/2/06, 27/2/06, 28/2/06, 1/3/06, 2/3/06, 3/3/06, 6/3/06, 7/3/06, 8/3/06

JUDGMENT DATE : 14 February 2006

JUDGMENT OF : Bell J at 1

DECISION : 1. Leave is granted to the Crown to substitute an indictment charging the accused in the alternative with a count of discharging a loaded firearm with intent to do grievous bodily harm to Farouk Razzak on 27 August 2003 at Condell Park.

CATCHWORDS : Indictment - joinder application

Crimes Act 1900 LEGISLATION CITED : Criminal Procedure Act 1986 Evidence Act 1995

R v AH (1997) 42 NSWLR 702 R v Basha (1989) 39 A Crim R 337 R v Ellis [2003] NSWCCA 319; 144 A Crim R 1 CASES CITED : R v Frawley (1993) 69 A Crim R 208 R v Lock (1997) 91 A Crim R 356 R v Lockyer (1996) 89 A Crim R 457 Wilson v R (1970) 123 CLR 334

PARTIES : Regina Abdul Darwiche (Accused)

FILE NUMBER(S) : SC 2005/1253

COUNSEL : John Pickering (Crown) John Doris (Accused)

SOLICITORS : S Kavanagh (Crown) Yazbek Lawyers (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

BELL J

Tuesday 14 February 2006

2005/1253 Regina v Abdul Darwiche

JUDGMENT – Re: Joinder application 1 BELL J: On 5 August 2005 the accused was arraigned on an indictment that charged him with shooting at Farouk Razzak with intent to murder him. The offence is alleged to have occurred on 27 August 2003 in Condell Park (the Condell Park offence). The accused was jointly charged with his brother Adnan Darwiche in respect of the Condell Park offence. The indictment contained a further nine counts charging Adnan Darwiche and three other persons with offences, which were said to arise out of the same connected set of circumstances. The accused pleaded that he was not guilty of the offence. 2 On 9 December 2005 I directed that the trial of the accused proceed separately to the trial of Adnan Darwiche in respect of the Condell Park offence and separately from the trial of Adnan Darwiche and the three other accused with respect to the offences charged against them in counts two to 10. The accused's trial was fixed for hearing on Monday 13 February 2006.