Ziha v R [2013] NSWCCA 27

Ziha v R [2013] NSWCCA 27

There was insufficient evidence to require the trial judge to leave provocation to the jury; the jury were entitled to reject the defence of substantial impairment by abnormality of mind; the conviction for murder was open on the evidence; no error in admission of marital evidence was demonstrated; sentences fell within the range given the offence gravity and relevant law.

Jurisdiction
Australia
Judgment Date
21 February 2013
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Determination of Conviction and Sentence Appeal
Outcome
Appeal against conviction dismissed; leave to appeal against sentence refused; time to appeal against conviction extended.
Legal Topics
['murder' 'partial Defences to Murder (substantial Impairment, Provocation)' 'appeal Procedure' 'sentencing']
['criminal Law'] ['murder' 'partial Defences to Murder (substantial Impairment, Provocation)' 'appeal Procedure' 'sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Court of Criminal Appeal Determination of Conviction and Sentence Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in not leaving provocation to the jury under s 23 Crimes Act 1900' 'Whether the defence of substantial impairment by abnormality of mind (s 23A Crimes Act 1900) was available to reduce conviction from murder to manslaughter' 'Whether the verdicts were unsafe or unsatisfactory' 'Whether evidence of domestic violence was appropriately admitted' 'Whether sentencing was manifestly excessive']

Ratio Decidendi

There was insufficient evidence to require the trial judge to leave provocation to the jury; the jury were entitled to reject the defence of substantial impairment by abnormality of mind; the conviction for murder was open on the evidence; no error in admission of marital evidence was demonstrated; sentences fell within the range given the offence gravity and relevant law.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence refused; time to appeal against conviction extended.

Orders

  • ['The time for the appellant to appeal against his conviction is extended to enable his purported appeal to be brought.' 'The appeal against conviction is dismissed.' 'Leave to appeal against sentence is refused.']