Alkhair v R [2016] NSWCCA 4

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alkhair v R [2016] NSWCCA 4 Hearing dates: 6 November 2015 Decision date: 05 February 2016 Before: Macfarlan JA at [1]; Rothman J at [72]; Bellew J at [73] Decision: (1) Grant leave to appeal; (2) Refuse the applicant leave under r 4 of the Criminal Appeal Rules to rely upon his grounds of appeal against conviction insofar as that leave was necessary; (3) Dismiss the appeal. Catchwords: CRIMINAL LAW – aggravated break and enter– application for leave to appeal against conviction and sentence – applicable principles where incompetence of trial counsel alleged – whether reasonable explanation for counsel's conduct of trial – whether miscarriage of justice occurred – whether sentence manifestly excessive – parity – leave under r 4 Criminal Appeal Rules refused – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), s 112(2) Criminal Appeal Act 1912 (NSW), ss 5, 6 Criminal Appeal Rules (NSW), r 4 Cases Cited: Ahmu v R [2014] NSWCCA 312 Ali v R [2005] HCA 8; 79 ALJR 662 Green v The Queen [2011] HCA 49; 244 CLR 462 Matthews v R [2013] NSWCCA 187 Nudd v The Queen [2006] HCA 9; 80 ALJR 614 Outram v R [2013] NSWCCA 329 R v Birks [1990] 19 NSWLR 677 TKWJ v The Queen [2002] HCA 46; 212 CLR 124 Vella v R [2015] NSWCCA 148 Weininger v The Queen [2003] HCA 14; 212 CLR 629 Category: Principal judgment Parties: Adnan Alkhair (Applicant) Regina (Respondent) Representation: Counsel: Applicant (self-represented) M Cinque SC (Respondent)