Abdel-Hady ("SA") v R [2011] NSWCCA 196

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Abdel-Hady ("SA") v R [2011] NSWCCA 196 Hearing dates: 8 August 2011 Decision date: 28 October 2011 Before: McClellan CJ at CL at [1] Adams J at [2] Fullerton J at [2] Decision: 1. Appeal allowed. 2. Convictions quashed. 3. New trial ordered in respect of each count. Catchwords: CRIMINAL LAW - appeal against conviction - causing another to take a stupefying drug with attempt to commit an indictable offence - indecent assault - whether trial judge's summing up was unbalanced - whether trial judge erred in failing to direct jury to consider each count on indictment separately - whether trial judge erred in failing to give Markuleski direction Legislation Cited: Crimes Act 1900 Cases Cited: R v Inamata [2003] NSWCCA 19; 137 A Crim R 510 R v Markuleski [2001] NSWCCA 290; 52 NSWLR 82 R v Zorad (1990) 19 NSWLR 91 RPS v R [2000] HCA 3; 199 CLR 620 Category: Principal judgment Parties: Safwat Abdel-Hady (Appellant) The Crown Representation: P Hamill SC / G Brady (Appellant) S Dowling (Crown) Conaghan Hunter Solicitors (Appellant) Solicitor for Public Prosecutions File Number(s): 2008/6943 Publication restriction: Complainants to be referred to by pseudonyms AW and MD Decision under appeal Date of Decision: 2009-02-19 00:00:00 Before: King DCJ File Number(s): 2008/6943