REGINA v KARIMI [2002] NSWCCA 72

REGINA v KARIMI [2002] NSWCCA 72

The directions given by the trial judge concerning the appellant's failure to give evidence were erroneous under current law as clarified by Azzopardi v The Queen; this amounted to an appealable error and consequently the conviction should be set aside and a new trial ordered.

Parties
Respondent: Regina; Appellant: Tarique Karimi
Jurisdiction
Australia
Judgment Date
20 March 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction set aside; new trial ordered
Legal Topics
Appeal Against Conviction, Admission of Evidence, Direction to Jury, Unsafe and Unsatisfactory Verdict
Criminal Law Appeal Against Conviction Admission of Evidence Direction to Jury Unsafe and Unsatisfactory Verdict

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Tarique Karimi

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in directions to the jury regarding the appellant's failure to give evidence
  2. 2 Whether evidence of admissions to customs officials was wrongly admitted
  3. 3 Whether evidence of good character should have been called

Ratio Decidendi

The directions given by the trial judge concerning the appellant's failure to give evidence were erroneous under current law as clarified by Azzopardi v The Queen; this amounted to an appealable error and consequently the conviction should be set aside and a new trial ordered.

Court Disposition

conviction set aside; new trial ordered

Orders

  • New trial ordered