Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Hanna v R [2023] NSWCCA 182 Hearing dates: 10 July 2023 Decision date: 26 July 2023 Before: Leeming JA at [1];
Yehia J at [106];
Weinstein J at [107]Decision: 1. Grant leave to appeal.
2. Appeal dismissed.
Catchwords: CRIME – appeal – appeal against conviction – applicant stood trial on nine counts of sexual offending in respect of the same complainant many years ago – jury returned three guilty and six not guilty verdicts – whether convictions should be set aside on the basis of inconsistency – where there was a ready explanation for not guilty verdicts, in light of unclear evidence of complainant’s age at the time – whether convictions were unreasonable – various inconsistencies in evidence – whether open to jury to be satisfied beyond reasonable doubt of applicant’s guilt – appeal dismissed
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A
Crimes Act 1900 (NSW), ss 66C, 61H, 61HA, 61M, 77, 80AE, 578A
Criminal Appeal Act 1912 (NSW), ss 5, 6
Criminal Procedure Act 1986 (NSW), ss 159, 293, 294
Evidence Act 1995 (NSW), s 38
Surveillance Devices Act 2007 (NSW)
Cases Cited: Chidian v The Queen (1991) 171 CLR 432; [1991] HCA 4
Dansie v The Queen [2022] HCA 25; 96 ALJR 728
Fairfax Media Publications Pty Ltd v Gayle (2019) 100 NSWLR 155; [2019] NSWCA 172
Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68
Jones v The Queen (1997) 191 CLR 439; [1997] HCA 56
M v The Queen (1994) 181 CLR 487; [1994] HCA 63
MacKenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53
Pell v The Queen (2020) 268 CLR 123; [2020] HCA 12
R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35
R v Markuleski (2001) 52 NSWLR 82; [2001] NSWCCA 290
Category: Principal judgment Parties: Abdallah Hanna (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
J Stratton SC and P Kondich (Applicant)
E Nicholson (Respondent)
King & York Lawyers (Applicant)
C Hyland – Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2020/00343256 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 18 May 2022
- Before:
- Beckett DCJ
- File Number(s):
- 2020/00343256
JUDGMENT
-
LEEMING JA: Mr Abdallah Hanna seeks leave to appeal, pursuant to s 5(1)(b) of the Criminal Appeal Act 1912 (NSW), from his convictions on counts 1, 2 and 3 of an indictment following his trial in the District Court constituted by a Judge and jury of 12. The jury returned verdicts of not guilty on counts 4-9.
-
The indictment charged the applicant with committing acts of indecency…
Continue reading Hanna v R
Sign in free to access the full text
- AGLC
- Hanna v R [2023] NSWCCA 182
- Case
- [2023] NSWCCA 182
- Decision Date
CaseChat Overview and Summary
The court considered the inconsistencies in the evidence and the explanations provided for the not guilty verdicts. The court held that the evidence, though inconsistent, was sufficient for the jury to be satisfied beyond reasonable doubt of Hanna's guilt on the three counts. The court found that the jury could have reasonably concluded that Hanna was guilty on the three counts based on the evidence presented, even if there were inconsistencies. The appeal was dismissed, and the convictions were upheld.
The court's reasoning was grounded in the principle that juries are entitled to assess the evidence presented and draw their own conclusions, even in the face of inconsistencies. The court found that the evidence was sufficient for the jury to be satisfied beyond reasonable doubt of Hanna's guilt on the three counts, and thus the convictions were not unreasonable. The appeal was dismissed, and the convictions were upheld.
There were no additional orders made by the court beyond the dismissal of the appeal and the upholding of the convictions.
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.