SK v R; BK v R; MS v R; Sakieh v R [2021] NSWCCA 130

SK v R; BK v R; MS v R; Sakieh v R [2021] NSWCCA 130

For SK, BK and MS, the evidence—especially CCTV footage and victim testimony—left open a reasonable hypothesis that not all group members participated in the joint criminal enterprise; the Crown failed to exclude that one or more did not return or did not enter the balcony/unit; as no means existed to attribute guilt specifically to the appellants, their convictions were unsafe and were quashed. For Mobin Sakieh, intercepted telephone calls provided admissions that supported his presence and involvement, making it open to the jury to be satisfied beyond reasonable doubt of his guilt.

Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence; Decision on Appeal
Outcome
Convictions of SK, BK, and MS quashed; acquittals entered. Mobin Sakieh's appeal dismissed; conviction stands. Sentences for SK in other matters varied as per application.
Legal Topics
['unreasonable Verdict' 'joint Criminal Enterprise' 'wounding With Intent' 'circumstantial Evidence' 'appellate Review']
['criminal Law'] ['unreasonable Verdict' 'joint Criminal Enterprise' 'wounding With Intent' 'circumstantial Evidence' 'appellate Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence; Decision on Appeal

Legal Issues

  1. 1 ["Whether the jury's verdicts were unreasonable and unsupported by the evidence" 'Whether the evidence was sufficient to prove the presence and involvement of each appellant in the wounding and assault' 'Whether circumstantial evidence excluded hypotheses consistent with innocence' 'Whether intercepted telephone calls supported conviction in respect of Mobin Sakieh']

Ratio Decidendi

For SK, BK and MS, the evidence—especially CCTV footage and victim testimony—left open a reasonable hypothesis that not all group members participated in the joint criminal enterprise; the Crown failed to exclude that one or more did not return or did not enter the balcony/unit; as no means existed to attribute guilt specifically to the appellants, their convictions were unsafe and were quashed. For Mobin Sakieh, intercepted telephone calls provided admissions that supported his presence and involvement, making it open to the jury to be satisfied beyond reasonable doubt of his guilt.

Court Disposition

Convictions of SK, BK, and MS quashed; acquittals entered. Mobin Sakieh's appeal dismissed; conviction stands. Sentences for SK in other matters varied as per application.

Orders

  • ['In relation to the appeal by Mobin Sakieh against his conviction: (i) Grant leave to appeal to raise ground 1 of his notice of appeal; (ii) Dismiss the appeal.' 'In relation to the appeals by SK, BK, MS: Grant leave to appeal; allow the appeals; set aside the convictions on Counts 1 and 3 and, in lieu thereof,...