REGINA v CHAMI, M SKAF, GHANEM, B SKAF [2004] NSWCCA 36

REGINA v CHAMI, M SKAF, GHANEM, B SKAF [2004] NSWCCA 36

Admission and use of telephone intercept evidence and directions to the jury regarding that evidence in Ghanem's case gave rise to unfair prejudice and a miscarriage as the evidence was not relevant against him and no adequate jury warning was given. Otherwise, the appeals of the other appellants fail as no miscarriages or errors warranting a new trial were established.

Jurisdiction
Australia
Judgment Date
07 April 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction
Outcome
Chami: appeal dismissed; Bilal Skaf: appeal dismissed; Mohammed Skaf: appeal dismissed; Ghanem: appeal allowed and new trial ordered
Legal Topics
['sexual Offences' 'appeals' 'identification Evidence' 'admissibility of Evidence' 'consciousness of Guilt' 'standard of Proof' 'jury Directions']
['criminal Law'] ['sexual Offences' 'appeals' 'identification Evidence' 'admissibility of Evidence' 'consciousness of Guilt' 'standard of Proof' 'jury Directions']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction

Legal Issues

  1. 1 ['Whether the refusal to order a separate trial was an error' 'Whether late disclosure of a witness statement caused unfairness' 'Whether the admission and directions regarding telephone intercept evidence were erroneous and prejudicial (particularly as to Ghanem)' "Whether prosecutor's comments on failure to give evidence, and directions regarding standard of proof, were proper" 'Whether the directions on reliability, identification, and lies as consciousness of guilt were adequate' "Whether jury directions as to consent and complainant's credibility were sufficient" 'Whether the verdicts were unreasonable']

Ratio Decidendi

Admission and use of telephone intercept evidence and directions to the jury regarding that evidence in Ghanem's case gave rise to unfair prejudice and a miscarriage as the evidence was not relevant against him and no adequate jury warning was given. Otherwise, the appeals of the other appellants fail as no miscarriages or errors warranting a new trial were established.

Court Disposition

Chami: appeal dismissed; Bilal Skaf: appeal dismissed; Mohammed Skaf: appeal dismissed; Ghanem: appeal allowed and new trial ordered

Orders

  • ['Mahmoud Chami: Appeal dismissed' 'Bilal Skaf: Appeal dismissed' 'Mohammed Skaf: Appeal dismissed' 'Mohamed Ghanem: Appeal allowed - conviction and sentence set aside, new trial ordered']