Nasrallah v R; R v Nasrallah [2015] NSWCCA 188

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nasrallah v R; R v Nasrallah [2015] NSWCCA 188 Hearing dates: 26 March 2015, 24 June 2015 Date of orders: 17 July 2015 Decision date: 17 July 2015 Before: Hoeben CJ at CL at [1] Adams J at [2] McCallum J at [3] Decision: Appeal against conviction allowed; conviction quashed and new trial ordered; Crown appeal dismissed. Catchwords: CRIMINAL LAW – appeal – conviction – evidence – admission – ad hoc expert opinion – where expert qualified to identify voice on calls – where evidence sought to be admitted to prove existence of fact that accused was the voice on calls – consideration of Leung and Irani – Leung and Irani distinguished

CRIMINAL LAW – appeal – conviction – concession by defence counsel in closing address – where concession not made on instructions – where concession resulted in no warning to jury regarding ad hoc expert voice identification evidence Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Evidence Act 1995 (NSW), ss 48, 76, 78, 79, 116, 137, 165 Cases Cited: Baiada Poultry Pty Ltd v R [2012] HCA 14; 246 CLR 92 Butera v DPP [1987] HCA 58; (1987) 164 CLR 180 Eastman v R (1997) 76 FCR 9 Irani v R [2008] NSWCCA 217 R v Adler (2001) 52 NSWLR 451 R v Cassar; R v Sleiman (No 17) [1999] NSWSC 436 R v Compton and Barrett [2013] SASCFC 134; 237 A Crim R 177 R v Leung & Anor [1999] NSWCCA 287; 47 NSWLR 405 R v Madigan [2005] NSWCA 170 R v Menzies [1982] 1 NZLR 40 R v Riscuta and Niga [2003] NSWCCA 6 Smith v R [2001] HCA 50; 206 CLR 650 Weiss v R [2005] HCA 81; 224 CLR 300 Category: Principal judgment Parties: Mohamed Nasrallah (Appellant) Regina Representation: Counsel: P Wass SC, V McWilliam (Appellant) W Abraham QC, A Sathanapally (Crown)