Houshyar v The The King

Case [2022] NSWCCA 245


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Houshyar v R [2022] NSWCCA 245
Hearing dates: 26 September 2022
Date of orders: 09 December 2022
Decision date: 09 December 2022
Before: Garling J at [1]
Adamson J at [176]
N Adams J at [177]
Decision:

(1)   Leave to appeal be granted;

(2)   The appeal be dismissed.

Catchwords:

CRIME — Appeals — Appeal against conviction — Unreasonable verdict — Offence contrary to s 38(b) of the Crimes Act 1900 of causing a person to take an intoxicating substance with intent to commit an indictable offence — Further offences of sexual intercourse without consent and larceny committed while complainant was unconscious as a result of the intoxicating substance — Circumstantial case which relied on the complainant’s account and also expert pharmacological evidence — Whether all reasonable hypotheses consistent with innocence were excluded — Open to jury to exclude those reasonable hypotheses — Appeal dismissed

Legislation Cited:

Crimes Act 1900 ss 38(b), 61I, 117

Criminal Appeal Act 1912 s 6(1)

Cases Cited:

Chidiac v The Queen (1991) 171 CLR 432; [1991] HCA 4

Dansie v The Queen [2022] HCA 25; 96 ALJR 728

Hocking v Bell (1945) 71 CLR 430; [1945] HCA 16

Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66

M v The Queen (1994) 181 CLR 487; [1994] HCA 63

Pell v The Queen (2020) 268 CLR 123; [2020] HCA 1

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

SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13

Whitehorn v The Queen (1983) 152 CLR 657; [1983] HCA 42

Texts Cited:

Not applicable

Category:Principal judgment
Parties: Mohammadreza Aghajani Houshyar (Applicant)
The Crown (Respondent)
Representation:

Counsel:
GE Lewer / C Akthar (Applicant)
E Nicholson (Respondent)

Solicitors:
Hugo Law Group (Applicant)
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2019/107061; 2020/1869
Publication restriction: Publication of any matter which identifies or which is likely to lead to the identification of the complainant is prohibited: Crimes Act 1900 s 578A.
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Criminal
Date of Decision:
27 July 2020
Before:
Flannery SC DCJ
File Number(s):
2019/107061

Judgment

  1. GARLING J: The applicant, Mohammadreza Aghajani Houshyar, seeks leave to appeal the convictions which were entered on 27 July 2020, after a trial before Flannery SC DCJ and a jury at the Sydney District Court.

  2. The applicant was convicted of the following four counts which were on an Indictment:

  1. Count 1: Cause person to take intoxicating substance with intent to commit an indictable offence (being the offences of larceny and sexual assault), contrary to s 38(b) of the Crimes Act 1900;

  2. Count 2: Sexual intercourse without consent, contrary to s 61I of the Crimes Act;

  3. Count 3: Larceny, contrary to s 117 of the Crimes Act (relating to $6000 in Australian currency); and

  4. Count 4: Larceny, contrary to s 117…

Continue reading Houshyar v The The King

Sign in free to access the full text

Details
AGLC
Houshyar v The The King [2022] NSWCCA 245
Case
[2022] NSWCCA 245
Decision Date

CaseChat Overview and Summary

In the case of Houshyar v The King, the appellant was convicted of causing a person to take an intoxicating substance with intent to commit an indictable offence, as well as additional offences of sexual intercourse without consent and larceny committed while the complainant was unconscious. The case was heard in the court of appeal, with the appellant contesting the reasonableness of their conviction. The central dispute revolved around whether the jury's verdict was so unreasonable as to justify the court's intervention. The conviction was based on a combination of the complainant's testimony and expert pharmacological evidence.

The primary legal issues before the court involved assessing the sufficiency of the evidence presented and determining if all reasonable hypotheses consistent with the appellant's innocence had been excluded. The court was tasked with evaluating whether the jury was justified in rejecting any hypothesis other than the one of guilt. The focus was on the weight and sufficiency of the evidence, particularly the complainant's account and the pharmacological evidence, in supporting the jury's conclusion. The court also needed to determine if the evidence allowed the jury to reasonably exclude any other hypothesis besides the appellant's guilt.

The court found that the evidence presented was sufficient to support the jury's verdict. The jury was presented with a circumstantial case, relying on the complainant's account and expert pharmacological evidence. The court held that it was open to the jury to exclude any reasonable hypotheses consistent with the appellant's innocence, given the nature of the evidence and the circumstances of the case. The appeal was dismissed, as the court found no basis to interfere with the jury's decision. The evidence provided a sound basis for the jury's conclusion, and the verdict was not unreasonable.

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.