NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DERBAS v R RUSTOM v R [2007] NSWCCA 118
HEARING DATE(S): 4 December 2006
JUDGMENT DATE: 30 April 2007
JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 44; Hidden J at 99
DECISION: Both appeals dismissed
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - murder and assault - attack by inmates - reliability of evidence - unofficial questioning - whether section 165 warning required - video link evidence admitted - delay between receipt of image and spoken words - whether transmission imperfections resulted in a miscarriage of justice - oral and written directions on accessorial liability - deficiency in written direction - whether correct oral direction sufficient to overcome deficiencies in second oral and written direction - interference with a juror - juror approached by a person attempting to discuss trial
LEGISLATION CITED: Evidence Act Evidence & Procedure (New Zealand) Act 1994 (Cth)
Brown, Barwick, Brown v R (2006) NSWCCA 69 CASES CITED: Osland v The Queen [1998] HCA 75; 197 CLR 316 R v Fowler (2003) NSWCCA 321; 151 A Crim R 166 R v Stokes & Difford (1990) A Crim R 25
Iyman Derbas (Appl) PARTIES: Mohamed Rustom (Appl) The Crown
FILE NUMBER(S): CCA 2005/2564; 2006/870
R J Button SC (Derbas) COUNSEL: S J Odgers SC (Rustom) L M B Lamprati SC (Crown)
William O'Brien Solicitors (Derbas) SOLICITORS: Kiki Kyriacou Lawyers (Rustom) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: Supreme Court
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