Khoury v R [2021] NSWCCA 3

Khoury v R [2021] NSWCCA 3

Although the principal witnesses supporting the applicant's participation in the agreement had serious credibility and reliability problems, the whole of the evidence, including the timing of telephone calls to Karimi's cousins before the Warwick Farm invasion, the absence of evidence that Tamapua knew the Burgess address, the applicant's directing role in related offences, his relationship with Karimi, events at the shop, post-offence conduct, and physical evidence, provided powerful support for the conclusion that the applicant participated in the agreement to conduct the Burgess home invasion with the required foresight. It was therefore open to the jury to be satisfied beyond...

Jurisdiction
Australia
Judgment Date
03 February 2021
Procedural Posture
Criminal Appeal Against Conviction / Application to Extend Time and for Leave to Appeal; Appeal Against Conviction on Unreasonable Verdict Ground
Outcome
Time extended; leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Conviction' 'unreasonable Verdict' 'murder' 'armed Robbery' 'home Invasion' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise']
['criminal Law' 'criminal Procedure' 'evidence'] ['appeal Against Conviction' 'unreasonable Verdict' 'murder' 'armed Robbery' 'home Invasion' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application to Extend Time and for Leave to Appeal; Appeal Against Conviction on Unreasonable Verdict Ground

Legal Issues

  1. 1 ['Whether the verdicts on the murder of Kesley Burgess and armed robbery of Tracey Burgess were unreasonable or could not be supported by the evidence.' 'Whether there was sufficient evidence for the jury to be satisfied beyond reasonable doubt that the applicant participated in an agreement to conduct the Burgess home invasion with foresight of the deliberate infliction of grievous bodily harm.' "Whether alternative hypotheses that the Burgess home invasion was arranged by Karimi and Tamapua without the applicant's involvement raised a reasonable doubt."]

Ratio Decidendi

Although the principal witnesses supporting the applicant's participation in the agreement had serious credibility and reliability problems, the whole of the evidence, including the timing of telephone calls to Karimi's cousins before the Warwick Farm invasion, the absence of evidence that Tamapua knew the Burgess address, the applicant's directing role in related offences, his relationship with Karimi, events at the shop, post-offence conduct, and physical evidence, provided powerful support for the conclusion that the applicant participated in the agreement to conduct the Burgess home invasion with the required foresight. It was therefore open to the jury to be satisfied beyond...

Court Disposition

Time extended; leave to appeal granted; appeal dismissed.

Orders

  • ['Extend the time for the applicant to file a notice of appeal up to 12 November 2019.' 'Grant the applicant leave to appeal.' 'Appeal dismissed.']