Habib v R [2015] NSWCCA 261

Habib v R [2015] NSWCCA 261

The good character direction given by the trial judge was not erroneous, and even if it was, there was no miscarriage of justice nor loss of a real chance of acquittal. The leave to rely upon the ground not taken at trial under r 4 of the Criminal Appeal Rules is refused.

Parties
Applicant: Ramez Najim Habib; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
25 September 2015
Procedural Posture
Conviction Appeal / Application for Leave to Rely on a Ground of Appeal Under R 4 of the Criminal Appeal Rules
Outcome
Leave to rely on ground of appeal pursuant to r 4 of the Criminal Appeal Rules refused.
Legal Topics
Conviction Appeal, Good Character Direction, Jury Directions, Miscarriage of Justice
Criminal Law Conviction Appeal Good Character Direction Jury Directions Miscarriage of Justice

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Parties

Ramez Najim Habib

Applicant

Regina

Respondent Crown

Procedural Posture

Conviction Appeal / Application for Leave to Rely on a Ground of Appeal Under R 4 of the Criminal Appeal Rules

Legal Issues

  1. 1 Whether the trial judge erred in the good character direction to the jury
  2. 2 Whether the good character direction was undermined by qualification referring to possible commission of other offences
  3. 3 Whether the direction led to a miscarriage of justice or loss of a real chance of acquittal

Ratio Decidendi

The good character direction given by the trial judge was not erroneous, and even if it was, there was no miscarriage of justice nor loss of a real chance of acquittal. The leave to rely upon the ground not taken at trial under r 4 of the Criminal Appeal Rules is refused.

Court Disposition

Leave to rely on ground of appeal pursuant to r 4 of the Criminal Appeal Rules refused.

Orders

  • Leave to appeal under rule 4 of the Criminal Appeal Rules is refused.