El Hassan v Regina [2007] NSWCCA 148

New South Wales Court of Criminal Appeal

CITATION: El Hassan v Regina [2007] NSWCCA 148 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11 September 2006

JUDGMENT DATE: 6 June 2007

JUDGMENT OF: Hunt AJA at 1; Johnson J at 67; Latham J at 68

DECISION: 1. The appeal against conviction is dismissed. 2. Leave to appeal against sentence is granted, the appeal is allowed, the sentence is quashed, and in lieu thereof the following sentence is imposed: A term of imprisonment for five years commencing on 15 February 2005 and concluding on 14 February 2010, with a non-parole period of three years and four months commencing on 15 February 2005 and concluding on 14 June 2008. The appellant is to be subject to supervision by the Probation and Parole Service whilst on parole. The Form 1 matter has been taken into account.

Whether jury should have been discharged because of television programme telecast when trial commenced — jury must be accepted to have faithfully applied directions given by judge until contrary is established. -

- Circumstantial case that appellant entered into conspiracy — directions required — propriety of comment by judge that circumstantial evidence not necessarily less reliable than direct evidence and in some cases can be more convincing — suitability of expression "hypothesis consistent with innocence".

CATCHWORDS: - Necessity for trial judge to apply legal directions to facts of the case — no requirement that a summing-up must give equal time to case of each party.

- Unreasonable verdict not established by "lurking doubt" as to whether justice has been done.

- Sentencing — special circumstances — Regina v Kama (2000) 110 A Crim R 47 followed.