R v Taleb (No 4) [2019] NSWSC 398

Supreme Court New South Wales

Medium Neutral Citation: R v Taleb (No 4) [2019] NSWSC 398 Hearing dates: 1 and 2 April 2019 Decision date: 02 April 2019 Jurisdiction: Common Law Before: Hamill J Decision: See paragraphs [1], [2], [4], [7], [8], [10] and [13]. Catchwords: CRIMINAL LAW – application for a directed verdict of acquittal – whether jury need to be satisfied of all seven acts nominated in the indictment – submission that there is no evidence of one of those acts – whether individual acts are particulars of conduct alleged – directions to the jury – unanimity – jury must be unanimous in relation to the same act or acts – offence of doing acts preparatory to foreign incursion offence – fault evidence – prosecution not required to prove an intention to carry out acts of terrorism in Syria – order of deliberation – whether mental impairment should be considered before the fault element – jury free to undertake its task in order of its choice – consciousness of guilt – lies – where alleged lies also part of accused's defence to charges – circularity in reasoning process – limited use prosecutor may make of statements to police – entrapment – where defence counsel opens on undercover officer encouraging accused to commit acts – unnecessary to direct jury – unnecessary complications Legislation Cited: Criminal Code Act 1995 (Cth), ss 3.1, 5.6, 7.3, 119.1 and 119.4 Cases Cited: Abdallah v R [2016] NSWCCA 275 Blackwell v R (2011) 81 NSWLR 119 Edwards v R (1993) 178 CLR 193; [1993] HCA 63 Zoneff v R (2000) 200 CLR 234; [2000] HCA 28 Hawkins v R (1994) 179 CLR 500; [1994] HCA 28 Jarratt v The Queen [2018] VSCA 150; 333 FLR 371 Mercer v R (1993) 67 A Crim R 91 Pratten v R [2014] NSWCCA 117 R v Brown (1984) 79 Cr App R 115 Stanton v R [2003] HCA 29; (2003) 198 ALR 41; (2003) 77 ALJR 1151 Category: Procedural and other rulings Parties: Commonwealth Director of Public Prosecutions Moudasser Taleb Representation: Counsel: S Duggan (CDPP) M Finnane QC (Mr Taleb)