Iskandar v R [2013] NSWCCA 256

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Iskandar v R [2013] NSWCCA 256 Hearing dates: 5 September 2013 Decision date: 08 November 2013 Before: Macfarlan JA at [1] Hidden J at [34] Latham J at [35] Decision: (1) Refuse the appellant leave under r 4 of the Criminal Appeal Rules to rely upon either of his grounds of appeal. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - murder charge - directions to jury - defence of provocation - direction to be given where only evidence of provocation is evidence of the accused - Liberato v the Queen 159 CLR 507 - whether direction should have been given as set out in the Criminal Trial Courts Bench Book - whether jury should have been directed that if it did not accept appellant's evidence it still had to consider whether the Crown had negatived provocation beyond reasonable doubt Legislation Cited: Crimes Act 1900 Criminal Appeal Rules Cases Cited: Douglass v The Queen [2012] HCA 34; 86 ALJR 1086 Liberato v The Queen [1985] HCA 66; 159 CLR 507 R v Anderson [2001] NSWCCA 488; 127 A Crim R 116 Regina v Niass [2005] NSWCCA 120 Category: Principal judgment Parties: Hazairin Iskandar (Appellant) Regina (Respondent) Representation: Counsel: G Brady (Appellant) C Pickering SC (Respondent) Solicitors: Nyman Gibson Stewart (Appellant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2010/48301 Decision under appeal Jurisdiction: 9111 Citation: R v Hazairin Iskandar [2012] NSWSC 1324 Date of Decision: 2012-12-07 00:00:00 Before: Davies J File Number(s): 2010/48301