Shahzad v R [2023] NSWDC 421

Shahzad v R [2023] NSWDC 421

Although the Magistrate erred by treating the eucalyptus oil/mustard oil point as an inconsistency attributable to the Appellant and by relying on failures to put propositions to Crown witnesses, the totality of the evidence supported the convictions. Giving due weight to the Magistrate's assessment of witnesses, and independently considering the transcript, the Appellant's evidence was rejected and the Crown evidence proved the offences beyond reasonable doubt. The seriousness of the domestic violence offending, aggravating features, lack of remorse or insight and need for deterrence meant no lesser penalties were appropriate.

Jurisdiction
Australia
Judgment Date
13 October 2023
Procedural Posture
Criminal Appeal From Local Court Convictions and Penalties / District Court Appeal Under S 18 of the Crimes (appeal and Review) Act 2001
Outcome
Appeal against conviction and sentence dismissed.
Legal Topics
['appeal From Magistrate' 'common Assault (dv)' 'armed With Intent to Commit Indictable Offence' 'intimidation' 'assessment of Witness Credibility' 'liberato Direction' 'browne V Dunn' 'domestic Violence Sentencing']
['criminal Law' 'criminal Procedure' 'domestic Violence' 'sentencing'] ['appeal From Magistrate' 'common Assault (dv)' 'armed With Intent to Commit Indictable Offence' 'intimidation' 'assessment of Witness Credibility' 'liberato Direction' 'browne V Dunn' 'domestic Violence Sentencing']

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Procedural Posture

Criminal Appeal From Local Court Convictions and Penalties / District Court Appeal Under S 18 of the Crimes (appeal and Review) Act 2001

Legal Issues

  1. 1 ['Whether, on a rehearing under s 18 of the Crimes (Appeal and Review) Act 2001, the District Court was satisfied beyond reasonable doubt that the Appellant committed the offences of which he was convicted.' "Whether alleged errors in the Magistrate's reasoning about the Appellant's evidence, including findings of inconsistency, failure to put propositions to Crown witnesses and describing the evidence as fanciful, affected the convictions." "Whether the Crown evidence justified the convictions beyond reasonable doubt after giving due weight to the Magistrate's advantage in seeing and hearing witnesses." 'Whether any lesser penalties than those imposed by the Magistrate were appropriate.']

Ratio Decidendi

Although the Magistrate erred by treating the eucalyptus oil/mustard oil point as an inconsistency attributable to the Appellant and by relying on failures to put propositions to Crown witnesses, the totality of the evidence supported the convictions. Giving due weight to the Magistrate's assessment of witnesses, and independently considering the transcript, the Appellant's evidence was rejected and the Crown evidence proved the offences beyond reasonable doubt. The seriousness of the domestic violence offending, aggravating features, lack of remorse or insight and need for deterrence meant no lesser penalties were appropriate.

Court Disposition

Appeal against conviction and sentence dismissed.

Orders

  • ['The appeal dated 15 December 2022 is dismissed.' 'If necessary I confirm the decision of Magistrate Boulos made 15 December 2022.']