ABDUL-KADER, Mostafa v R [2007] NSWCCA 329

ABDUL-KADER, Mostafa v R [2007] NSWCCA 329

The prior consistent statement did not add to the assessment of whether the evidence was a reconstruction or the result of suggestion, so the refusal to admit was correct. The sentence did not lack parity as the applicant's role was lesser, and appropriate credit was given for pre-sentence custody considering part of custodial time related to other offences.

Parties
Appellant: Mostafa Abdul-Kader; Respondent: Regina
Jurisdiction
Australia
Judgment Date
29 November 2007
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal against conviction dismissed; leave to appeal against sentence allowed; appeal against sentence dismissed.
Legal Topics
Credibility Rule, Admissibility of Prior Consistent Statement, Sentencing Parity, Pre Sentence Custody, Murder, Robbery in Company
Criminal Law Credibility Rule Admissibility of Prior Consistent Statement Sentencing Parity Pre Sentence Custody Murder Robbery in Company

Case Brief

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Parties

Mostafa Abdul-Kader

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing the tender of a prior consistent statement under s 108(3)(b) of the Evidence Act 1995 (NSW)
  2. 2 Whether the trial judge erred in applying ss 108(3)(b) and 192 of the Evidence Act 1995 (NSW)
  3. 3 Whether the sentence lacked parity with a co-offender's sentence

Ratio Decidendi

The prior consistent statement did not add to the assessment of whether the evidence was a reconstruction or the result of suggestion, so the refusal to admit was correct. The sentence did not lack parity as the applicant's role was lesser, and appropriate credit was given for pre-sentence custody considering part of custodial time related to other offences.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence allowed; appeal against sentence dismissed.

Orders

  • Appeal against conviction dismissed
  • Leave to appeal against sentence allowed