Hamzy v R [2018] NSWCCA 53

Hamzy v R [2018] NSWCCA 53

It was open to the jury to be satisfied beyond reasonable doubt that the applicant’s conduct in firing at least three–four shots while alongside the Mercedes was not a reasonable response in the circumstances as he perceived them at that time; the conviction ground of appeal and sentence appeal have not been made out.

Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Criminal Appeal / Post Conviction, Appellate Decision
Outcome
Leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['conviction Appeal' 'sentence Appeal' 'self Defence' 'manslaughter' 'wounding With Intent' 'excessive Force' 'jury Verdicts' 'crimes Act 1900 S 421']
['criminal Law'] ['conviction Appeal' 'sentence Appeal' 'self Defence' 'manslaughter' 'wounding With Intent' 'excessive Force' 'jury Verdicts' 'crimes Act 1900 S 421']

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Procedural Posture

Criminal Appeal / Post Conviction, Appellate Decision

Legal Issues

  1. 1 ['Whether the verdicts against Mohammed Hamzy are unreasonable and cannot be supported having regard to the evidence.' 'Whether the findings by the sentencing judge are consistent with the jury’s verdict.' 'Whether the sentence imposed is manifestly excessive or unjust in law.']

Ratio Decidendi

It was open to the jury to be satisfied beyond reasonable doubt that the applicant’s conduct in firing at least three–four shots while alongside the Mercedes was not a reasonable response in the circumstances as he perceived them at that time; the conviction ground of appeal and sentence appeal have not been made out.

Court Disposition

Leave to appeal against conviction granted; appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Leave to appeal against conviction granted.' 'Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']