NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Hajje v R [2006] NSWCCA 23
HEARING DATE(S): 16 November 2005
JUDGMENT DATE: 23 February 2006
JUDGMENT OF: Simpson J at 1; Adams J at 105; Hoeben J at 106
DECISION: Appeal against conviction dismissed.
CATCHWORDS: appeal against conviction - jury verdict - malicious wounding - complainant shot in calf during fracas involving a number of men and the use of three guns - whether verdict unreasonable - tendency evidence - credibility of prosecution witnesses - whether evidence of unrelated ammunition in the appellant's home was admissible - evidence wrongly admitted - no miscarriage of justice arising - directions to jury on identification evidence - unreliable evidence - directions to jury as to "the real issues" - directions as to credibility
LEGISLATION CITED: Criminal Appeal Act 1904, s6 Evidence Act 1995, s56(2), s97, s116, s135, s137, s165(2)
Dhanhoa v The Queen [2003] HCA 40; 217 CLR 1 Domican v The Queen [1992] HCA 13; 173 CLR 555 CASES CITED: Jones v The Queen [1997] HCA 12; 191 CLR 439 M v The Queen [1994] HCA 63; 181 CLR 487 R v Clarke (1997) 97 A Crim R 414 Regina v Markuleski [2001] NSWCCA 290; 52 NSWLR 82
PARTIES: Odeness Hajje - Appellant Crown - Respondent
FILE NUMBER(S): CCA 2005/1322
COUNSEL: J Dailly SC with D Price - Appellant JA Girdham - Respondent
SOLICITORS: Nyman Gibson Stewart - Appellant S Kavanagh - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/0032
LOWER COURT JUDICIAL OFFICER: Shillington DCJ
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