Yacoub v R [2008] NSWCCA 164

New South Wales Court of Criminal Appeal

CITATION: Yacoub v R [2008] NSWCCA 164

HEARING DATE(S): 6 June 2008

JUDGMENT DATE: 16 July 2008

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 77; Hidden J at 78

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - appeal against conviction - attempted murder - whether victim's injuries self-inflicted - whether jury verdict unreasonable

CATEGORY: Principal judgment

CASES CITED : Krishna v DPP [2007] NSWCCA 318

PARTIES: Harb Yacoub (Appellant) The Crown

FILE NUMBER(S): CCA 2007/3141

COUNSEL: C T Loukas (Appellant) N Adams (Crown)

SOLICITORS: Procter & Associates (Appellant) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/21/0228

LOWER COURT JUDICIAL OFFICER: Phegan DCJ

LOWER COURT DATE OF DECISION: 21 May 2007

IN THE COURT OF CRIMINAL APPEAL 2007/3141

McCLELLAN CJ at CL SIMPSON J HIDDEN J

WEDNESDAY 16 JULY 2008 YACOUB, Harb v R Judgment 1 McCLELLAN CJ at CL: Harb Yacoub was convicted following a trial by jury in the District Court of the attempted murder of the victim. He was sentenced to a non-parole period of six years with a balance of term of two years. He challenges his conviction but does not seek leave to appeal against the sentence imposed. 2 The appellant makes no complaint about the conduct of his trial. He seeks to advance only one ground of appeal, being that, on all the evidence, "the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported." It may be that leave to argue this ground is required (see Krishna v DPP [2007] NSWCCA 318). The Crown does not oppose leave and in my opinion it should be granted. I will refer to Mr Yacoub as the appellant.