Kaddour v R [2019] NSWCCA 90

Kaddour v R [2019] NSWCCA 90

The appeal was dismissed because the witness affirmed the truth of the prior statement, making the hearsay admissions admissible under s 81; the trial judge properly considered s 192 factors and allowed cross-examination; the directions to the jury regarding the reliability of the witness were properly given under s 165; and the jury's verdict of guilt was supported by the evidence including admissions, forensic and CCTV evidence, so was not unreasonable.

Parties
Appellant: Ahmed Kaddour; Respondent: Crown
Jurisdiction
Australia
Judgment Date
06 May 2019
Procedural Posture
Appeal Against Conviction / Court of Criminal Appeal Appeal Decision
Outcome
Leave to appeal granted on ground 1; appeal dismissed
Legal Topics
Appeals Against Conviction, Murder, Unreasonable Verdict, Evidentiary Admissibility, Credibility of Witnesses, Directions to Jury
Criminal Law Appeals Against Conviction Murder Unreasonable Verdict Evidentiary Admissibility Credibility of Witnesses Directions to Jury

Case Brief

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Parties

Ahmed Kaddour

Appellant

Crown

Respondent

Procedural Posture

Appeal Against Conviction / Court of Criminal Appeal Appeal Decision

Legal Issues

  1. 1 Whether the jury's verdict was unreasonable under s 6(1) Criminal Appeal Act 1912 (NSW)
  2. 2 Admissibility of out-of-court statement containing hearsay evidence of admissions under s 60(3) Evidence Act 1995 (NSW)
  3. 3 Whether leave should have been granted to cross-examine a witness under s 38 Evidence Act 1995 (NSW)

Ratio Decidendi

The appeal was dismissed because the witness affirmed the truth of the prior statement, making the hearsay admissions admissible under s 81; the trial judge properly considered s 192 factors and allowed cross-examination; the directions to the jury regarding the reliability of the witness were properly given under s 165; and the jury's verdict of guilt was supported by the evidence including admissions, forensic and CCTV evidence, so was not unreasonable.

Court Disposition

Leave to appeal granted on ground 1; appeal dismissed

Orders

  • Grant leave to appeal in respect of ground 1.
  • Dismiss the appeal.