R v Abdallah (No. 6) [2014] NSWSC 293

R v Abdallah (No. 6) [2014] NSWSC 293

Although there was no direct eyewitness evidence that Leger was the target when the accused fired over the fence, the evidence taken as a whole was legally sufficient to permit the jury to infer that the accused yelled threatening words and discharged the gun at Leger. The second count therefore had to be left to the jury, and the application for a verdict by direction was rejected.

Jurisdiction
Australia
Judgment Date
10 March 2014
Procedural Posture
Criminal Trial on Indictment / Interlocutory Application for a Verdict by Direction on the Second Count
Outcome
Application for a verdict by direction rejected.
Legal Topics
['application for Verdict by Direction' 'attempted Murder' 'sufficiency of Evidence' 'circumstantial Evidence']
['criminal Law' 'criminal Procedure'] ['application for Verdict by Direction' 'attempted Murder' 'sufficiency of Evidence' 'circumstantial Evidence']

Case Brief

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Procedural Posture

Criminal Trial on Indictment / Interlocutory Application for a Verdict by Direction on the Second Count

Legal Issues

  1. 1 ['Whether there was legally sufficient evidence, taking the Crown case at its highest, capable of supporting a guilty verdict on the second count of attempted murder.' 'Whether the jury could infer that when the accused discharged the gun over the Colorbond fence, John Leger was still visible to the accused and the gun was fired to hit him.']

Ratio Decidendi

Although there was no direct eyewitness evidence that Leger was the target when the accused fired over the fence, the evidence taken as a whole was legally sufficient to permit the jury to infer that the accused yelled threatening words and discharged the gun at Leger. The second count therefore had to be left to the jury, and the application for a verdict by direction was rejected.

Court Disposition

Application for a verdict by direction rejected.

Orders

  • ['I reject the application for a verdict by direction.']