Aouad and El-Zeyat v R [2011] NSWCCA 61

Aouad and El-Zeyat v R [2011] NSWCCA 61

Fresh evidence and failure to disclose material regarding a key witness significantly affected the fairness of the trial; the omitted evidence could have led the jury to entertain a reasonable doubt, and the trial miscarried. Convictions must be quashed and new trials ordered.

Parties
Appellant: Ramzi Aouad; Appellant: Nasaem El-Zeyat; Respondent: Regina
Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction in Court of Criminal Appeal, NSW
Outcome
Appeals allowed. Convictions quashed. New trials ordered.
Legal Topics
Jury Directions, Corroboration of Evidence, Fresh Evidence, Failure to Disclose, Comfit Identification, Witness Credibility
Criminal Law Jury Directions Corroboration of Evidence Fresh Evidence Failure to Disclose Comfit Identification Witness Credibility

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Parties

Ramzi Aouad

Appellant

Nasaem El-Zeyat

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction in Court of Criminal Appeal, NSW

Legal Issues

  1. 1 Whether the trial judge erred in permitting the jury to use the evidence of one indemnified witness as support for another's evidence
  2. 2 Whether admission of comfit identification evidence was erroneous
  3. 3 Whether failure by prosecution to disclose material regarding a witness prejudiced the appellants' trial

Ratio Decidendi

Fresh evidence and failure to disclose material regarding a key witness significantly affected the fairness of the trial; the omitted evidence could have led the jury to entertain a reasonable doubt, and the trial miscarried. Convictions must be quashed and new trials ordered.

Court Disposition

Appeals allowed. Convictions quashed. New trials ordered.

Orders

  • In the case of each appellant: 1. Allow the appeal against conviction. 2. Quash the conviction. 3. Order a new trial.