Damoun v R [2015] NSWCCA 109

Damoun v R [2015] NSWCCA 109

The conviction appeal failed because the late-joining direction was a standard and permissible conspiracy direction on the evidence, the Crown case did not depend on proof that the appellant joined by 20 December 2009, and no unfairness resulted. Although there was a potential error in directing that the jury could convict if the accused were not party to the same agreement but one conspired with Masri, the direction only operated if the jury did not find the appellant and Ali Jomaa were party to the same agreement; the guilty verdicts against both showed the error had no bearing on the outcome. The sentence appeal failed because the sentencing judge was not obliged to give weight to the...

Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court
Outcome
Appeal against conviction dismissed; leave granted to appeal against sentence; appeal against sentence dismissed.
Legal Topics
['conspiracy' 'dishonestly Causing Loss to a Commonwealth Entity' 'jury Directions' 'miscarriage of Justice' 'sentence Discount' 'assistance to the Administration of Justice']
['criminal Law' 'criminal Procedure' 'sentencing'] ['conspiracy' 'dishonestly Causing Loss to a Commonwealth Entity' 'jury Directions' 'miscarriage of Justice' 'sentence Discount' 'assistance to the Administration of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ["Whether the trial judge's directions about a participant joining a conspiracy after it began left to the jury a basis of conviction not relied on by the Crown." "Whether the trial judge's directions concerning Ahmed Masri as a possible co-conspirator allowed conviction on a basis not relied on by the Crown and caused a miscarriage of justice." "Whether the sentencing judge erred by failing to discount the sentence for the appellant's offer to conduct the trial by agreed facts and audio tapes so as to shorten the proceedings."]

Ratio Decidendi

The conviction appeal failed because the late-joining direction was a standard and permissible conspiracy direction on the evidence, the Crown case did not depend on proof that the appellant joined by 20 December 2009, and no unfairness resulted. Although there was a potential error in directing that the jury could convict if the accused were not party to the same agreement but one conspired with Masri, the direction only operated if the jury did not find the appellant and Ali Jomaa were party to the same agreement; the guilty verdicts against both showed the error had no bearing on the outcome. The sentence appeal failed because the sentencing judge was not obliged to give weight to the...

Court Disposition

Appeal against conviction dismissed; leave granted to appeal against sentence; appeal against sentence dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Leave granted to appeal against sentence.' 'Appeal against sentence dismissed.']