Hoblos v R [2014] NSWCCA 20

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hoblos v R [2014] NSWCCA 20 Hearing dates: 22 November 2013 Decision date: 26 February 2014 Before: Hoeben CJ at CL at [1] Blanch J at [2] R A Hulme J at [3] Decision: Leave to appeal against conviction granted. Appeal dismissed. Catchwords: CRMINAL LAW - appeal against conviction - murder - whether misdirection as to liability of primary and secondary participants when only participation in issue at trial - verdict not unreasonable or unsupported by evidence Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules Cases Cited: LP v R [2013] NSWCCA 330 Category: Principal judgment Parties: Mohammed Hoblos (Applicant) Regina (Respondent) Representation: Counsel: Mr T Game SC (Applicant) Ms H Wilson SC (Crown) Solicitors: Zahr & Zahr Lawyers Solicitor for Public Prosecutions File Number(s): 2009/266840 Decision under appeal Jurisdiction: 9111 Date of Decision: 2012-05-08 00:00:00 Before: Grove AJ File Number(s): 2009/266840

Judgment 1HOEBEN CJ at CL: I agree with R A Hulme J. 2BLANCH J: I agree with R A Hulme J. 3R A HULME J: Mohammed Hoblos ("the applicant") stood trial on a charge of murder before Grove AJ and a jury of 12 in February 2012. He was found guilty. He was sentenced to a term of imprisonment for 28 years with a non-parole period of 21 years. He now seeks leave to appeal but only against conviction. 4The proposed appeal was initially based upon three grounds but only two were pressed at the hearing of the application: that the verdict was unreasonable and cannot be supported by the evidence and that the directions given to the jury by the trial judge concerning the applicant's liability for murder were wrong. 5Leave to appeal is required because the first ground does not raise a question of law alone (s 5(1) of the Criminal Appeal Act 1912 (NSW)) and the second ground, even if it could be characterised as raising a question of law alone, raises an issue not raised at trial: r 4 of the Criminal Appeal Rules. 6For the reasons that follow, neither ground can be sustained and, although leave should be granted, the appeal should be dismissed.