Shamoun v R [2015] NSWCCA 246

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shamoun v R [2015] NSWCCA 246 Hearing dates: 28 April 2015 Decision date: 11 September 2015 Before: Hoeben CJ at CL at [1] Hall J at [153] McCallum J at [287] Decision: (1)In relation to the conviction appeal, leave to appeal granted but the appeal is dismissed. (2)In relation to the sentence appeal, leave to appeal granted but the appeal is dismissed. Catchwords: CONVICTION APPEAL – offences of murder and malicious wounding – whether verdict unreasonable and not supported by the evidence – need for the Court to make its own assessment of the sufficiency and quality of the evidence – assessment of witnesses essentially a jury question – open to jury to find beyond reasonable doubt that applicant guilty – whether direction as to circumstantial evidence misleading – whether direction as to how evidence of co-accused should be considered by the jury was adequate – no error disclosed – conviction appeal dismissed. SENTENCE APPEAL – whether applicant's medical condition properly taken into account – whether applicant's cognitive impairment properly taken into account – whether finding of special circumstances should have been made – whether sentence was manifestly excessive – grounds not made out – appeal dismissed. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) – s 44(2) Criminal Appeal Act 1912 (NSW) - s 6(1) Evidence Act 1995 – s 165, s 128 Cases Cited: Bugmy v R [2013] HCA 37; 249 CLR 571 Caristo v R [2011] NSWCCA 7 Collier v R [2012] NSWCCA 213 Dinsdale v R [2000] HCA 54; 202 CLR 321 Hawi v R [2014] NSWCCA 83 Jiang v R [2010] NSWCCA 277 M v The Queen [1994] HCA 63; 181 CLR 487 MFA v The Queen [2002] HCA 53; 213 CLR 606 MacKenzie v R [1996] HCA 35; 190 CLR 348 Mansaray v R [2015] NSWCCA 40 Markarian v R [2005] HCA 25; 228 CLR 357 Power v R [1974] HCA 26; 131 CLR 623 R v Clark [2009] NSWCCA 49 R v Cramp [2004] NSWCCA 264 R v Fadi Shamoun [2012] NSWSC 716 R v Fidow [2004] NSWCCA 172 R v Hillier [2007] HCA 13; 228 CLR 618 R v MD [2015] NSWCCA 37 R v Murray (1987) 11 NSWLR 12 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 SKA v The Queen [2011] HCA 13; 243 CLR 400 Trad v R [2009] NSWCCA 56; 194 A Crim R 20 Zreika v R [2012] NSWCCA 44; 223 A Crim R 460 Category: Principal judgment Parties: Fadi Shamoun – Applicant Regina – Respondent Crown Representation: Counsel: Mr AJ Bellanto QC/Mr C Moschoudis – Applicant Ms S Dowling SC – Respondent Crown