Fazlilar v R [2023] NSWCCA 183

Fazlilar v R [2023] NSWCCA 183

The evidence overwhelmingly supported the inference that the applicant deliberately discharged the weapon into the deceased's thigh and intended to cause grievous bodily harm; no reasonable doubt persisted about either element required for murder.

Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' 'murder' 'unreasonable Verdict' 'deliberateness' 'intention to Cause Grievous Bodily Harm']
['criminal Law'] ['appeal Against Conviction' 'murder' 'unreasonable Verdict' 'deliberateness' 'intention to Cause Grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction

Legal Issues

  1. 1 ["Whether the applicant's conviction for murder was unreasonable" 'Whether the jury ought to have had a reasonable doubt that the act causing death was deliberate' 'Whether the jury ought to have had a reasonable doubt that the act was accompanied by an intention to cause grievous bodily harm']

Ratio Decidendi

The evidence overwhelmingly supported the inference that the applicant deliberately discharged the weapon into the deceased's thigh and intended to cause grievous bodily harm; no reasonable doubt persisted about either element required for murder.

Court Disposition

Appeal dismissed

Orders

  • ['Extend time for filing the application for leave to appeal up to 16 December 2022.' 'Leave to appeal granted.' 'Appeal dismissed.']