Kaddour v R [2019] NSWCCA 90

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kaddour v R [2019] NSWCCA 90 Hearing dates: 27 February 2019 Date of orders: 06 May 2019 Decision date: 06 May 2019 Before: Bathurst CJ, Harrison and Davies JJ at [1] Decision: (1) Grant leave to appeal in respect of ground 1.

(2) Dismiss the appeal. Catchwords: CRIMINAL LAW – appeals – appeal against conviction – appellant found guilty of murder – sentenced to 20 years with a non-parole period of 15 years – whether the jury's verdict was unreasonable – where the Crown case relied heavily upon the testimony of one witness and there were contradictions in the witness' evidence – whether an out of court statement containing hearsay evidence of an admission should have been admitted as proof of the truth of the admission – s 60(3) Evidence Act 1995 (NSW) – where the witness subsequently affirmed the truth of the statement in court – whether leave should have been granted to cross-examine witness in accordance with s 38 Evidence Act 1995 (NSW) – where the s 38 application was for the purpose of leading admissions – whether in granting leave to cross-examine the trial judge duly considered s 192 Evidence Act 1995 (NSW) – where the trial judge did not specifically refer to s 192 but argument in the course of the trial demonstrated that s 192 was considered – whether the sentencing judge gave an appropriate direction about the reliability of a witness – s 165 Evidence Act 1995 (NSW) – where trial counsel for the appellant accepted that the witness was not criminally concerned in the events giving rise to the proceedings – where trial counsel for the appellant sought to rely on parts of the evidence of the witness – where no alternative direction was proffered at trial or on appeal Legislation Cited: Criminal Appeal Act 1912 (NSW) s 6(1) Criminal Appeal Rules r 4 Evidence Act 1995 ss 38, 59, 60, 81, 82, 165, 192 Cases Cited: Dunks v R [2014] NSWCCA 134 Edwards v The Queen (1993) 178 CLR 193 Greenhalgh v R [2017] NSWCCA 94 Kanaan v R [2006] NSWCCA 109 Lee v The Queen (1998) 195 CLR 594 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53 R v El-Chami [2016] NSWSC 445 R v MDB [2005] NSWCCA 354 R v Reardon [2002] NSWCCA 203; (2002) 186 FLR 1 R v RTB [2002] NSWCCA 104 R v Selsby [2009] NSWCCA 381 R v Stewart (2001) 52 NSWLR 301; [2001] NSWCCA 260 SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13 Stanoevski v The Queen (2001) 202 CLR 115; [2001] HCA 4 Texts Cited: Nil Category: Principal judgment Parties: Ahmed Kaddour (Appellant) Crown (Respondent) Representation: Counsel: T Game SC & P Lange (Appellant) M Cinque SC & K Ratcliffe (Respondent)