R v Ibrahim Ali Ayache [2011] NSWLC 2

Local Court New South Wales

Medium Neutral Citation: R v Ibrahim Ali Ayache [2011] NSWLC 2 Hearing dates: 7 February 2011 Decision date: 15 February 2011 Jurisdiction: Criminal Before: Magistrate Tsavdaridis Decision: 1. Prosecution evidence, adduced by way of paper committal, is, pursuant to s.62 of the Criminal Procedure Act 1986 (NSW), capable of satisfying a jury, properly instructed, beyond reasonable doubt that the Accused has committed an indictable offence. 2. Having regard to evidence adduced, by way of paper committal, there is, pursuant to s.64 of the Criminal Procedure Act 1986 (NSW), a reasonable prospect that a reasonable jury, properly instructed, would convict the Accused of an indictable offence. 3. Accused committed for trial to, and is directed to attend the arraignment at, the District Court of NSW at Sydney at 9.30 a.m. on Friday 25 February 2011. Catchwords: Paper committal - Admissions made by Accused - Circumstantial evidence - Admissions to be tape recorded - Section 281 Criminal Procedure Act 1986 (NSW) Legislation Cited: Criminal Procedure Act 1986 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Bail Act 1978 (NSW) Local Court Rules 2009 (NSW) Cases Cited: Plomp v R (1963) 110 CLR 234 Chamberlain v R (No 2) (1984) 153 CLR 521 Shepard v R (1990) 170 CLR 573 Grasby v R (1989) 168 CLR 1 Hannah v Kearney and DPP (Supreme Court of NSW, per Studdert J, 28 May 1998, unreported) Moss v Brown (1979) 1 NSWLR 114 Category: Procedural and other rulings Parties: Director of Public Prosecutions (Crown) Ibrahim Ali Ayache (Accused) Representation: Mr T C Spohr Office of Director of Public Prosecutions (Crown) Mr G Thomas of Counsel (Accused) File Number(s): H39895228 2009/00328924