R v Chalabian (No. 13) [2022] NSWSC 470

R v Chalabian (No. 13) [2022] NSWSC 470

The Court declined to give a Mahmood direction as Reece Walsh was an incidental participant and not central to the case. The jury directions concerning alternative verdicts and 'no compromise' were correct and required no amendment, as s.5.4(4) Criminal Code (Cth) does not allow for mixed verdicts absent a unanimous acquittal of the principal charge.

Jurisdiction
Australia
Judgment Date
21 April 2022
Procedural Posture
Criminal Jury Trial / Procedural Ruling Before Verdict
Outcome
Mahmood direction application declined; jury directions on alternative verdicts and 'no compromise' to stand; verdict returned as guilty on charge of belief money laundering.
Legal Topics
['money Laundering' 'jury Directions' 'alternative Verdicts']
['criminal Law'] ['money Laundering' 'jury Directions' 'alternative Verdicts']

Case Brief

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Procedural Posture

Criminal Jury Trial / Procedural Ruling Before Verdict

Legal Issues

  1. 1 ["Whether a Mahmood direction should be given following the Crown's failure to call a witness" 'Correct procedure for jury directions concerning alternative verdicts in money laundering offences under Criminal Code (Cth)' 'Applicability of s.5.4(4) Criminal Code (Cth) to alternative verdicts']

Ratio Decidendi

The Court declined to give a Mahmood direction as Reece Walsh was an incidental participant and not central to the case. The jury directions concerning alternative verdicts and 'no compromise' were correct and required no amendment, as s.5.4(4) Criminal Code (Cth) does not allow for mixed verdicts absent a unanimous acquittal of the principal charge.

Court Disposition

Mahmood direction application declined; jury directions on alternative verdicts and 'no compromise' to stand; verdict returned as guilty on charge of belief money laundering.

Orders

  • ['Application for Mahmood direction concerning Reece Walsh declined.' "Directions to jury concerning alternative verdicts and 'no compromise' are to stand, subject to any further application."]