Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Ali v R [2022] NSWCCA 199 Hearing dates: 29 August 2022 Date of orders: 15 September 2022 Decision date: 15 September 2022 Before: Beech-Jones CJ at CL at [1]
Bellew J at [2]
Fagan J at [77]Decision: (1) The time for filing a Notice of Appeal is extended to 23 February 2022.
(2) The appeal is dismissed.
Catchwords: CRIMINAL LAW – Appeal – Evidence – Expert evidence – Where the applicant was convicted of multiple counts of dealing in identification information with the intention of facilitating the dishonest obtaining of a financial advantage by deception – Where Crown case relied on circumstantial evidence including evidence of telephone intercepts – Where interpreter gave evidence of having translated conversations from Hindi into English – One of the parties to those conversations was described as a “male voice” – Crown case was that this was the voice of the applicant – Where interpreter gave evidence without objection that the “male voice” in each conversation was the same voice – Whether that evidence was admissible – Whether the jury were in the same position as interpreter to reach that conclusion – Whether the Crown was under an obligation to play each of the conversations in Hindi to the jury absent any request by trial counsel for the applicant to do so – Consideration of principles governing the Crown’s decision to call witnesses in a criminal trial – Where the playing of the entirety of the calls would have been a waste of valuable Court time – Where applicant required an extension of time in which to bring the application for leave to appeal against his convictions – No merit in either ground of appeal – Extension of time granted – Appeal dismissed
Legislation Cited: Crimes Act 1900 (NSW)
Evidence Act 1995 (NSW)
Supreme Court (Criminal Appeal) Rules 2021 (NSW)
Cases Cited: Butera v Director of Public Prosecutions(Vic) (1987) 164 CLR 180; [1987] HCA 58
Honeysett v The Queen (2014) 253 CLR 122; [2014] HCA 29
IW v R [2000] 2019 NSWCCA 311
Nasrallah v R; R v Nasrallah [2015] NSWCCA 188
R v Apostilides (1984) 154 CLR 563; [1984] HCA 38
Category: Principal judgment Parties: Mohammad Ali – Applicant
Regina – RespondentRepresentation: Counsel:
Solicitors:
R Pontello SC and T Bicanic – Applicant
M Kumar and B Allison – Respondent
Karnib Saddik Law Firm – Applicant
C Hyland, Solicitor for Public Prosecutions (NSW) – Respondent
File Number(s): 2015/59662 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of NSW
- Jurisdiction:
- Criminal
- Date of Decision:
- 22 May 2017
- Before:
- His Honour Judge Toner SC
HEADNOTE
[This headnote is not to be read as part of the judgment]
Following a trial in the District Court,…
Continue reading Ali v The The King
Sign in free to access the full text
- AGLC
- Ali v The The King [2022] NSWCCA 199
- Case
- [2022] NSWCCA 199
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the interpreter's evidence was admissible and whether the Crown had an obligation to play each conversation in Hindi to the jury, absent a request by the trial counsel for the applicant. The court considered the principles governing the Crown's decision to call witnesses and the potential waste of court time if the entirety of the calls were played. The applicant also sought an extension of time to bring his application for leave to appeal.
The court determined that there was no merit in either ground of appeal and that the jury could reasonably conclude that the voice in question was that of the applicant based on the interpreter's evidence. Additionally, the court found that the Crown was not under an obligation to play the entirety of the calls in Hindi, as doing so would have been a waste of valuable court time. Given the circumstances, the court granted the applicant an extension of time to bring his application for leave to appeal. Ultimately, the appeal was dismissed, and the applicant's convictions were upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.