Habib v R [2015] NSWCCA 261

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Habib v R [2015] NSWCCA 261 Hearing dates: 22 September 2015 Decision date: 25 September 2015 Before: Hoeben CJ at CL at [1] Price J at [41] Button J at [42] Decision: Leave to rely on ground of appeal pursuant to r 4 of the Criminal Appeal Rules is refused. Catchwords: CRIMINAL LAW – conviction appeal – wound with intent to cause grievous bodily harm – whether error in good character direction – whether good character direction undermined by qualification – point not taken at trial – need to rely upon r 4 – very low chance of any misunderstanding by jury – no error in good character direction – no miscarriage of justice nor did offender lose a chance of acquittal which was fairly open – leave to rely upon r 4 refused. Legislation Cited: Criminal Appeal Rules - NSW Cases Cited: Jubraeel v R [2015] NSWCCA 131 Melbourne v R [1999] HCA 32; 198 CLR 1 R v Alkaitis [2004] EWCA Crim 1072 Regina v Aziz [1996] AC 41 Category: Principal judgment Parties: Ramez Najim Habib – Applicant Regina – Respondent Crown Representation: Counsel: P Lange – Applicant M Cinque – Respondent Crown

Solicitors: Lawyerscorp – Applicant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2013/074483 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 20 November 2014 Before: Berman SC DCJ File Number(s): 2013/074483