NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Elmasri v R [2010] NSWCCA 11
HEARING DATE(S): 8 December 2009
JUDGMENT DATE: 24 February 2010
JUDGMENT OF: McClellan CJatCL at 1; Price J at 2; RA Hulme J at 3
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal and new trial - objections or points not raised in court below - misdirection and non-direction - whether certain statements made by accused capable of being construed as evidence of consciousness of guilt - whether trial judge failed to direct jury in relation to consciousness of guilt reasoning
LEGISLATION CITED: Criminal Appeal Rules
CATEGORY: Principal judgment
Dhanhoa v The Queen [2003] HCA 40; (2003) 217 CLR 1 Edwards v The Queen [1993] HCA 63; (1993) 178 CLR 193 R v Ali [2002] VSCA 194; 135 A Crim R 426 R v Juric [2002] VACA 77; 129 A Crim R 408 R v Nguyen [2001] VSCA 1; 118 A Crim R 479 CASES CITED : R v ON [2009] QCA 62 R v SBB [2007] QCA 173; 175 A Crim R 449 Regina v Smit & Ors [2004] NSWCCA 409 Sanchez v R [2009] NSWCCA 171 The Queen v MC; DPP v MC [2009] VSCA 122 Zoneff v The Queen [2000] HCA 28; (2000) 200 CLR 234
PARTIES: Iad ELMASRI (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/15169
COUNSEL: S Odgers SC with K Ginges (Applicant) S Dowling (Respondent)
SOLICITORS: Pericaud Zraika Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2007/15169
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