HAMED v REGINA [2011] NSWCCA 219

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: HAMED v REGINA [2011] NSWCCA 219 Hearing dates: Wednesday 11 May 2011 Decision date: 30 September 2011 Before: Johnson J at [1] Hall J at [2] Price J at [133] Decision: (1) Appeal against conviction dismissed. (2) Leave to appeal against sentence granted. (3) The appeal against sentence dismissed. Catchwords: CRIMINAL LAW - appeal against conviction - robbery in company - identity of other offenders unknown - applicant not identified during robbery - circumstantial evidence - whether monies stolen were "owned" by the victim - whether verdict unreasonable CRIMINAL LAW - appeal against conviction - circumstantial evidence - DNA evidence - competing DNA evidence - whether verdict unsafe or unreasonable CRIMINAL LAW - appeal against sentence - whether sentence manifestly excessive - whether De Simoni principle contravened - whether trial judge correctly took into account the weapon - trial judge entitled to take into account circumstances of aggravation and to assess objective seriousness Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: CW v R [2011] NSWCCA 45 Flack v R [2011] NSWCCA 167 Ilich v The Queen (1986-1987) 162 CLR 110 Rasic & Ors v R [2009] NSWCCA 202 Raumakita v R [2011] NSWCCA 126 R v De Simoni (1981) 147 CLR 383 R v Dinsdale (2002) 202 CLR 321 R v Li (CCA unreported, 9 July 1997) R v Serratore [1999] NSWCCA 377; (1999) 48 NSWLR 101 SKA v The Queen [2011] HCA 13; (2011) 85 ALJR 571 Category: Principal judgment Parties: GHAZWAN HAMED v REGINA Representation: C: V Lydiard A: G I Foster C: S Kavanagh A: Phillip A Wilkins & Associates File Number(s): 2009/40553 Decision under appeal Date of Decision: 2010-06-10 00:00:00 Before: Ashford DCJ File Number(s): 2009/40553