Skaf, Bilal v R Skaf, Mohammed v R [2008] NSWCCA 303

Skaf, Bilal v R Skaf, Mohammed v R [2008] NSWCCA 303

The Court found that, although pre-trial and trial publicity was extensive and negative, the judicial directions given were sufficient to cure potential prejudice; the case was not so exceptional as to require a permanent stay or finding of miscarriage of justice. The trial judge's directions on identification evidence were appropriate and did not improperly invite the jury to bolster poor identification evidence with other evidence. However, in relation to sentencing, the sentences imposed by Mathews AJ failed to give adequate weight to the principle of totality given pre-existing sentences, especially for Bilal Skaf, and were reduced accordingly.

Parties
Appellant: Bilal Skaf; Appellant: Mohammed Skaf; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
17 December 2008
Procedural Posture
Criminal Appeal / Court of Criminal Appeal: Appeal Against Conviction and Sentence
Outcome
Both appeals against conviction dismissed; leave to appeal against sentence granted; sentences varied for both appellants.
Legal Topics
Stay of Proceedings, Pre Trial Publicity, Fair Trial, Identification Evidence, Jury Directions, Appeal Against Sentence, Totality Principle
Criminal Law Stay of Proceedings Pre Trial Publicity Fair Trial Identification Evidence Jury Directions Appeal Against Sentence Totality Principle

Case Brief

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Parties

Bilal Skaf

Appellant

Mohammed Skaf

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal: Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether pre-trial and trial publicity deprived appellants of a fair trial warranting a permanent stay of proceedings or miscarriage of justice
  2. 2 Whether trial judge erred in directions regarding identification evidence
  3. 3 Whether the sentence imposed was manifestly excessive or failed to apply the totality principle

Ratio Decidendi

The Court found that, although pre-trial and trial publicity was extensive and negative, the judicial directions given were sufficient to cure potential prejudice; the case was not so exceptional as to require a permanent stay or finding of miscarriage of justice. The trial judge's directions on identification evidence were appropriate and did not improperly invite the jury to bolster poor identification evidence with other evidence. However, in relation to sentencing, the sentences imposed by Mathews AJ failed to give adequate weight to the principle of totality given pre-existing sentences, especially for Bilal Skaf, and were reduced accordingly.

Court Disposition

Both appeals against conviction dismissed; leave to appeal against sentence granted; sentences varied for both appellants.

Orders

  • Both appeals against conviction are dismissed.
  • In relation to Bilal Skaf: Leave to appeal against sentence is granted, the appeal is allowed, and the sentences passed by Mathews AJ are quashed. In lieu, the appellant is sentenced as follows: on the second count, imprisonment for 15 years, commencing on 12 February 2021 and expiring on 11 February 2036, with a...