Doudar v R

Case [2021] NSWCCA 37


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Doudar v R [2021] NSWCCA 37
Hearing dates: 25 November 2020
Decision date: 18 March 2021
Before: Hoeben CJ at CL at [1];
Bellew J at [125];
Wright J at [126]
Decision:

(1)   Leave to rely upon the fresh evidence relating to the applicant’s treatment following the sentence hearing is refused.

(2)   Leave to appeal against sentence is allowed but the appeal is dismissed.

Catchwords:

CRIMINAL LAW – sentence appeal – accessory after the fact to murder – interference with evidence and assistance provided after the primary offence – whether sentencing judge erred in assessing objective gravity of the offence – whether there had been prior planning and arranging – whether open to sentencing judge to reject evidence called on behalf of the applicant that his experience in custody would be more onerous than that of the general prison population – whether his Honour adequately or at all took into account the effects of the COVID-19 pandemic – whether open to sentencing judge to substantially dismiss the applicant’s subjective case – whether the applicant should have leave to rely upon fresh evidence as to his medical condition – appeal against sentence dismissed.

Legislation Cited:

Crimes Act 1900 (NSW)

Criminal Appeal Act 1912 (NSW)

Cases Cited:

AB v R [2014] NSWCCA 339

Biddle v R [2017] NSWCCA 128

Doudar v Director of Public Prosecutions (NSW) (unrep, Supreme Court (NSW), R A Hulme J, 17 April 2020)

Hunt v R [2019] NSWCCA 118

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

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37;

Khoury v R (2011) 209 A Crim R 509; [2011] NSWCCA 118

Khoury v R [2014] NSWCCA 272

McKinnon v R [2020] NSWCCA 106

Moodie v R [2020] NSWCCA 160

R v Doudar [2020] NSWSC 1262

R v Edwards (1990) A Crim R 510

R v Girard, Andrew John; R v Girard, Tessa Maree [2004] NSWCCA 170

R v Qutami (2001} 127 A Crim R 369; [2001] NSWCCA 353

Scott v R [2020] NSWCCA 81

Turkmani v R (2014) 244 A Crim R 402; [2014] NSWCCA 186

Category:Principal judgment
Parties: Ahmad Doudar – Applicant
Regina – Respondent Crown
Representation:

Counsel:
H Dhanji SC/P Lange – Applicant
K Jeffreys – Respondent Crown

Solicitors:
One Group Legal – Applicant
Solicitor for Public Prosecutions – Respondent Crown
File Number(s): 2018/254011
 Decision under appeal 
Court or tribunal:
Supreme Court of NSW
Jurisdiction:
Criminal
Citation:

R v Doudar [2020] NSWSC 1262

Date of Decision:
17 September 2020
Before:
R A Hulme J
File Number(s):
2018/254011


JUDGMENT

  1. HOEBEN CJ at CL:

Offence and sentence

  1. On 17 September 2020 the applicant was sentenced by R A Hulme J (the sentencing judge) in the Supreme Court at Sydney to imprisonment for 4 years and 6 months with a non-parole period of 3 years and 4 months for being an accessory after the fact to murder, contrary to…

Continue reading Doudar v R

Sign in free to access the full text

Details
AGLC
Doudar v R [2021] NSWCCA 37
Case
[2021] NSWCCA 37
Decision Date

CaseChat Overview and Summary

The appellant, Doudar, appealed against his sentence for being an accessory after the fact to the murder of Mr. Hall. The murder occurred when Mr. Hall was fatally stabbed in the neck by a co-appellant. The appellant assisted in disposing of the body and interfered with evidence. The case was heard in the High Court of Australia. The primary issue was whether the sentencing judge had erred in assessing the objective gravity of the offence. Another issue was whether the sentencing judge could reject the evidence provided on behalf of the appellant that his experience in custody would be more onerous than that of the general prison population. The court considered whether the sentencing judge had adequately taken into account the effects of the COVID-19 pandemic and whether it was open to the sentencing judge to substantially dismiss the appellant’s subjective case. The court also considered whether the appellant should have leave to rely on fresh evidence as to his medical condition.

The court found that the sentencing judge had not erred in assessing the objective gravity of the offence. The court held that it was open to the sentencing judge to reject the evidence provided on behalf of the appellant that his experience in custody would be more onerous than that of the general prison population. The court held that the sentencing judge had not failed to adequately take into account the effects of the COVID-19 pandemic. The court also held that it was open to the sentencing judge to substantially dismiss the appellant’s subjective case. Finally, the court held that the appellant was not entitled to rely on fresh evidence as to his medical condition.

The appeal against sentence was dismissed. The court found that the sentencing judge had not erred in assessing the objective gravity of the offence, and that the appellant’s arguments were without merit. The court held that the sentence imposed was appropriate and did not need to be varied. The court also found that the appellant was not entitled to rely on fresh evidence as to his medical condition. The appeal was dismissed, and the sentence imposed by the sentencing judge was 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.