Razzak v Regina [2008] NSWCCA 304

Razzak v Regina [2008] NSWCCA 304

The convictions and sentences for counts 4, 6, and 8 were quashed and verdicts of acquittal entered as the evidence was insufficient to establish beyond reasonable doubt that the appellant discharged a firearm at the victims on those counts. The convictions on counts 2 and 9 were supported by the identification evidence, the recovery of a weapon in the appellant's possession, and corroborative circumstances. The jury's length of deliberation did not occasion miscarriage. The directions to the jury and rulings on evidence were proper. Sentences imposed were not manifestly excessive given the seriousness of the criminal conduct.

Parties
Appellant: Mohamed Razzak; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 December 2008
Procedural Posture
Criminal Appeal / Court of Criminal Appeal – Appeal Against Conviction and Sentence From District Court
Outcome
Appeal allowed in part; convictions and sentences on counts 4, 6, and 8 quashed and acquittals entered; appeal against convictions on counts 2 and 9 dismissed and convictions confirmed; leave to appeal sentence granted but appeal dismissed.
Legal Topics
Jury Deliberations, Unsafe and Unreasonable Verdicts, Identification Evidence, Inconsistent Verdicts, Circumstantial Evidence, Leave to Cross Examine Under S38 Evidence Act, Sentencing – Manifest Excess, Totality, De Simoni Principle
Criminal Law Jury Deliberations Unsafe and Unreasonable Verdicts Identification Evidence Inconsistent Verdicts Circumstantial Evidence Leave to Cross Examine Under S38 Evidence Act Sentencing – Manifest Excess, Totality, De Simoni Principle

Case Brief

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Parties

Mohamed Razzak

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal – Appeal Against Conviction and Sentence From District Court

Legal Issues

  1. 1 Whether the jury was kept deliberating for too long
  2. 2 Whether verdicts of conviction were unsafe and unreasonable
  3. 3 Whether the verdicts were inconsistent

Ratio Decidendi

The convictions and sentences for counts 4, 6, and 8 were quashed and verdicts of acquittal entered as the evidence was insufficient to establish beyond reasonable doubt that the appellant discharged a firearm at the victims on those counts. The convictions on counts 2 and 9 were supported by the identification evidence, the recovery of a weapon in the appellant's possession, and corroborative circumstances. The jury's length of deliberation did not occasion miscarriage. The directions to the jury and rulings on evidence were proper. Sentences imposed were not manifestly excessive given the seriousness of the criminal conduct.

Court Disposition

Appeal allowed in part; convictions and sentences on counts 4, 6, and 8 quashed and acquittals entered; appeal against convictions on counts 2 and 9 dismissed and convictions confirmed; leave to appeal sentence granted but appeal dismissed.

Orders

  • Appeal against conviction in respect of counts 4, 6 and 8 allowed; convictions and sentences quashed; verdicts of acquittal entered.
  • Appeal against conviction in respect of counts 2 and 9 dismissed; convictions confirmed.