Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: El-Ali v R [2015] NSWCCA 300 Hearing dates: 7 September 2015 Decision date: 02 December 2015 Before: Ward JA at [1];
Adams J at [2];
R A Hulme J at [3]Decision: 1. Appeal against conviction dismissed.
2. Leave to appeal against sentence refused.Catchwords: CRIMINAL LAW – appeal against conviction – offence of sexual intercourse without consent in circumstances of aggravation – whether verdict unreasonable – whether error in directions to jury concerning tendency evidence – whether error in failure to provide reasons for discharging the jury – verdict well open – no error established – appeal dismissed
CRIMINAL LAW – appeal against sentence – offence of sexual intercourse without consent in circumstances of aggravation – whether error in concluding that presence of another person aggravated the offence – no merit – leave to appeal refusedLegislation Cited: Crimes Act 1900 (NSW) s 61J
Criminal Appeal Act 1912 (NSW) ss 5F, 6(1)
Criminal Procedure Act 1986 (NSW) Ch 6 Pt 5 Div 3, s 294
Evidence Act 1995 (NSW) ss 97, 101Cases Cited: Agius v R [2015] NSWCCA 200
DAO v R [2011] NSWCCA 63; 81 NSWLR 568
Evans v R [2006] NSWCCA 277; 164 A Crim R 489
Harris v R [2005] NSWCCA 432; 158 A Crim R 454
Kilby v The Queen [1973] HCA 30; 129 CLR 460
R v Fletcher [2005] NSWCCA 338; 156 A Crim R 308
R v Ford [2009] NSWCCA 306; 201 A Crim R 451
R v PWD [2010] NSWCCA 209; 205 A Crim R 75
RH v R [2014] NSWCCA 71
Saoud v R [2014] NSWCCA 136
Shamoun v R [2015] NSWCCA 246
Sokolowskyj v R [2014] NSWCCA 55Category: Principal judgment Parties: Houssam Khaled El-Ali (Applicant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Mr P Lange (Applicant)
Ms M Cinque SC (Crown)
Kings Law Group
Solicitor for Public Prosecutions
File Number(s): 2010/230286 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 27 July 2012
- Before:
- Sweeney DCJ
- File Number(s):
- 2010/230286
Judgment
-
WARD JA: I have had the opportunity of agreeing with R A Hulme J's comprehensive reasons, with which I agree. I also agree with the orders his Honour has proposed.
-
ADAMS J: I agree with R A Hulme J.
-
R A HULME J: Houssam Khaled El-Ali ("the applicant") was found guilty by a jury in a trial before her Honour Judge Sweeney on 31 May 2012 of an offence of having sexual intercourse without consent in circumstances of aggravation (the victim was under the age of 16, namely 13).
-
The offence is contrary to s 61J(1) of the Crimes Act 1900 (NSW). There is a maximum penalty of imprisonment for 20 years and there is also a standard non-parole period of 10 years.
-
The applicant was sentenced to imprisonment for 9 years with a non-parole period of 6 years dating from 31 May 2012. The non-parole period…
Continue reading El-Ali v The Queen
Sign in free to access the full text
- AGLC
- El-Ali v The Queen [2015] NSWCCA 300
- Case
- [2015] NSWCCA 300
- Decision Date
CaseChat Overview and Summary
The court considered whether the verdict was unreasonable, whether there was an error in the directions to the jury concerning tendency evidence, and whether there was an error in the failure to provide reasons for discharging the jury. The court also considered whether there was an error in concluding that the presence of another person aggravated the offence. The court found that the verdict was well open on the evidence, and that there was no error in the directions to the jury concerning tendency evidence. The court also found that there was no error in the failure to provide reasons for discharging the jury. In relation to the sentence, the court found that there was no merit in the appellant's argument that there was an error in concluding that the presence of another person aggravated the offence.
The High Court dismissed the appeal against conviction and sentence. The court found that the verdict was well open on the evidence, and that there was no error in the directions to the jury concerning tendency evidence. The court also found that there was no error in the failure to provide reasons for discharging the jury. In relation to the sentence, the court found that there was no merit in the appellant's argument that there was an error in concluding that the presence of another person aggravated the offence. The court refused leave to appeal against the sentence.
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.