R v Elfatah Yucub EL-HAJ [2012] NSWDC 296

District Court New South Wales

Medium Neutral Citation: R v Elfatah Yucub EL-HAJ [2012] NSWDC 296 Decision date: 26 November 2012 Before: Cogswell SC DCJ Decision: Not guilty of grievous bodily harm with intent (s 33(1)(b) Crimes Act 1900). Guilty of statutory alternative of reckless grievous bodily harm (s 35(2) Crimes Act 1900). Guilty of offence of failing to stop and assist after vehicle impact causing grievous bodily harm (s 52AB(2) Crimes Act 1900). Catchwords: CRIMINAL LAW - Procedure - trial before judge without jury - Particular offences - offences against the person - victim run over when accused reversed his car out of vicitm's driveway at speed - not guilty of causing grievous bodily harm to a person with intent - intent not proven beyond reasonable doubt - unclear where victim standing before accused reversed - evidence of witness with bird's eye view preferred to evidence of emotional/panicked relatives - guilty of causing grievous bodily harm being reckless as to causing grievous bodily harm - statutory alternative - accused turned his mind to possibility of causing harm if he hit someone reversing out of the driveway at speed - people in the driveway - accused checked his rear view mirror - state of intoxication did not affect capacity to form intent - accused formed intent to deliberately damage another person's car with a hammer and by driving it into a tree and deliberately left lights off so as not to illuminate his numberplate - speed indicative of an intention to get away - guilty of failing to stop and assist after vehicle impact causing grievous bodily harm - reversed at speed out of driveway - back wheel of car went almost completely over victim's body - several people screaming at accused to stop - did not stop but sped away. Legislation Cited: Crimes Act 1900, s 33(1)(b), 35(2), s 52AB(2) Category: Principal judgment Parties: Regina (Crown) Elfatah Yucub El-Haj (Accused) Representation: Counsel: J H Gibson (Crown) K Buckman (Accused) File Number(s): DC 2011/34753