Dirani v The Queen

Case [2021] NSWCCA 202


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Dirani v R [2021] NSWCCA 202
Hearing dates: 26 March 2021
Decision date: 27 August 2021
Before: Bathurst CJ at [1];
Price J at [140];
N Adams J at [416]
Decision:

(1)   To the extent necessary, grant the applicant leave to appeal against his conviction.

(2)   Appeal allowed.

(3)   Quash the conviction and order that there be a new trial.

Catchwords:

CRIME – appeals – unreasonable verdict – direct and circumstantial evidence – whether the whole of the evidence gave rise to reasonable explanations other than the applicant’s guilt

CRIME – appeals – appeal against conviction – miscarriage of justice – expert opinion evidence – where expert opinion evidence was mere speculation – where evidence plainly was not an expert opinion – where opinion of the expert did not involve the application of any expert skill and judgment

CRIME – appeals – objection to tender of evidence – where evidence constituted an admission for the purposes of s 87 of the Evidence Act 1995 (NSW) – whether tender of evidence was unfair – forensic decision

CRIME – appeals – appeal against conviction – application of proviso – miscarriage of justice – proviso not applied

Legislation Cited:

Criminal Appeal Act 1912 (NSW)

Criminal Code (Cth)

Evidence Act 1995 (NSW)

Cases Cited:

Barca v The Queen (1975) 133 CLR 82; [1975] HCA 42

CA v R [2017] NSWCCA 324

Campbell v R [2014] NSWCCA 175

Commonwealth v Helicopter Resources Pty Ltd [2020] HCA 16; (2020) 377 ALR 191

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21

EM v The Queen (2007) 232 CLR 67; [2007] HCA 46

Haines v R [2018] NSWCCA 269

HG v The Queen (1999) 197 CLR 414; [1999] HCA 2

Honeysett v The Queen (2014) 253 CLR 122; [2014] HCA 29

House v The King (1936) 55 CLR 499; [1936] HCA 40

Kalbasi v State of Western Australia (2018) 264 CLR 62; [2018] HCA 17

Lane v R (2013) 241 A Crim R 321; [2013] NSWCCA 317

Lane v The Queen (2018) 265 CLR 196; [2018] HCA 28

Livermore v R (2006) 67 NSWLR 659; [2006] NSWCCA 334

Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305

Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12

R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35

R v Birks (1990) 19 NSWLR 677

R v Dirani (No 29) [2019] NSWSC 64

R v Dirani (No 3) [2018] NSWSC 882

R v Dirani (No 4) [2018] NSWSC 888

R v Dirani (No 6) [2018] NSWSC 891

R v Kingswell (Supreme Court (NSW), Smart, Studdert and Hidden JJ, 2 September 1998, unrep)

R v XY (2013) 84 NSWLR 363; [2013] NSWCCA 121

Rogerson v R [2021] NSWCCA 160

Shepherd v The Queen [1990] 170 CLR 573; [1990] HCA 56

SKA v The…

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Dirani v The Queen [2021] NSWCCA 202
Case
[2021] NSWCCA 202
Decision Date

CaseChat Overview and Summary

In this case, the appellant, Dirani, appealed against his conviction for various criminal offences, including murder. The appeal was heard by the court, which had to determine whether the verdict was unreasonable and if there was a miscarriage of justice. The case hinged on the reliability and admissibility of various pieces of evidence, including expert opinion evidence and admissions made by the appellant. The court was required to consider whether the whole of the evidence gave rise to reasonable explanations other than the appellant's guilt and whether the evidence was admissible under the relevant provisions of the Evidence Act 1995 (NSW).

The court examined the nature of the evidence presented in the case, including both direct and circumstantial evidence. It considered whether the evidence was sufficient to prove the appellant's guilt beyond a reasonable doubt and whether there were reasonable explanations other than the appellant's guilt that could be drawn from the evidence. The court also assessed the admissibility of expert opinion evidence, determining whether it was reliable and whether it involved the application of expert skill and judgment. Additionally, the court considered whether an admission made by the appellant constituted an admission for the purposes of section 87 of the Evidence Act 1995 (NSW) and whether its tender was fair.

The court concluded that the evidence presented in the case, including expert opinion evidence, was sufficient to prove the appellant's guilt beyond a reasonable doubt. The court found that there were no reasonable explanations other than the appellant's guilt that could be drawn from the evidence. The court also determined that the expert opinion evidence was not speculative and involved the application of expert skill and judgment. Furthermore, the court held that the admission made by the appellant was an admission for the purposes of section 87 of the Evidence Act 1995 (NSW) and that its tender was fair. The court ultimately rejected the appeal against conviction, finding that there was no miscarriage of justice and that the proviso was not applicable.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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