R v Moosawi [2023] NSWDC 319

R v Moosawi [2023] NSWDC 319

The court found that the Crown failed to prove beyond reasonable doubt that the accused was the person who discharged the firearm from within the premises. The evidence left a reasonable possibility that another person (Jabba) was the shooter and that the accused was outside the relevant boundary at the time. The alleged admissions by the accused were not sufficiently reliable or unequivocal to found a verdict of guilt. Therefore, the accused was entitled to an acquittal.

Parties
Crown: Director for Public Prosecutions (NSW); Accused: Sayed Mohammed Moosawi
Jurisdiction
Australia
Judgment Date
12 July 2023
Procedural Posture
Criminal / Principal Judgment; Verdict and Orders After Judge Alone Trial
Outcome
The accused is found not guilty of the offence of firing a firearm in a manner likely to endanger yourself, other persons or property.
Legal Topics
Firearms Offences, Circumstantial Evidence, Burden of Proof, Admissions in Evidence, Judge Alone Trials
Criminal Law Firearms Offences Circumstantial Evidence Burden of Proof Admissions in Evidence Judge Alone Trials

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Parties

Director for Public Prosecutions (NSW)

Crown

Sayed Mohammed Moosawi

Accused

Procedural Posture

Criminal / Principal Judgment; Verdict and Orders After Judge Alone Trial

Legal Issues

  1. 1 Whether it was the accused who fired a firearm from the premises on 27 September 2021
  2. 2 Whether the Crown proved beyond reasonable doubt that the accused discharged a firearm in a manner likely to endanger the safety of himself or others or property

Ratio Decidendi

The court found that the Crown failed to prove beyond reasonable doubt that the accused was the person who discharged the firearm from within the premises. The evidence left a reasonable possibility that another person (Jabba) was the shooter and that the accused was outside the relevant boundary at the time. The alleged admissions by the accused were not sufficiently reliable or unequivocal to found a verdict of guilt. Therefore, the accused was entitled to an acquittal.

Court Disposition

The accused is found not guilty of the offence of firing a firearm in a manner likely to endanger yourself, other persons or property.

Orders

  • Accused found not guilty of the main charge
  • Backup charges withdrawn