El Khouli v R [2019] NSWCCA 204

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: El Khouli v R [2019] NSWCCA 204 Hearing dates: 5 August 2019 Decision date: 28 August 2019 Before: Leeming JA at [1]; Garling J at [80]; Wright J at [81] Decision: 1. Extend the time within which to appeal to 8 March 2019. 2. Grant leave to appeal, confined to grounds 1 and 4, and otherwise refuse leave. 3. Dismiss the appeals against both conviction and sentence. Catchwords: CRIMINAL LAW – appeal against conviction and sentence – appellant found guilty of dishonestly damaging property by fire with a view to making financial gain and two counts of doing acts with intent to pervert the course of justice – Crimes Act 1900 (NSW) ss 197 and 319 – whether convictions unreasonable having regard to paucity of evidence concerning (a) appellant being located at scene of fire (b) the cause of the fire (c) joint criminal enterprise and (d) financial gain – whether primary judge failed to comply with Evidence Act 1995 (NSW) s 18 concerning evidence from appellant's de facto partner at the time of the fire – whether miscarriage of justice concerning jury directions – whether leave should be given to advance matters not raised at trial – whether sentence manifestly excessive, or contrary to principles of parity and totality – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 197, 319 Criminal Appeal Act 1912 (NSW), ss 5, 5F Criminal Appeal Rules (NSW), r 4 Evidence Act 1995 (NSW), s 18 Cases Cited: Greenhalgh v R [2017] NSWCCA 94 Kresovic v R [2018] NSWCCA 37 Mulvihill v R [2016] NSWCCA 259 Owen v R [2017] NSWCCA 54 ZA v R [2017] NSWCCA 132; 267 A Crim R 105 Category: Principal judgment Parties: Ahmed El Khouli (Applicant) Regina (Respondent) Representation: Counsel: M Bateman (Applicant) B Baker (Respondent)