HUSEYIN KUVANCI v SHANE SCOTT
[2004] ACTSC 16 (7 April 2004)
APPEAL – conviction by Magistrate – recklessly inflict grievous bodily harm.
EVIDENCE – hearsay – admissibility under Evidence Act 1995 (Cth) – out of court representation to police officer – evidence admissible – Evidence Act, s 66(2).
Evidence Act 1995 (Cth), s 59, s 66
Crimes Act 1900, s 20
R v Esposito (1998) 45 NSWLR 442
ON APPEAL FROM THE MAGISTRATES COURT
No SCA 75 of 2003
Judge: Connolly J
Supreme Court of the ACT
Date: 7 April 2004
IN THE SUPREME COURT OF THE )
) No SCA 75 of 2003
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT
BETWEEN:HUSEYIN KUVANCI
Appellant
AND:SHANE SCOTT
Respondent
ORDER
Judge: Connolly J
Date: 7 April 2004
Place: Canberra
THE COURT ORDERS THAT:
The appeal against conviction and sentence be dismissed and the Magistrate’s orders be confirmed.
This is an appeal against conviction and sentence from a decision by Magistrate Campbell on 10 November 2003 to convict the appellant, Huseyin Kuvanci, of one count of recklessly inflict grievous bodily harm, and to sentence him to 18 months imprisonment with a non-parole period of 12 months.
The appellant was charged that in the early hours of the morning of Sunday, 3 November 2002 he recklessly inflicted grievous bodily harm on Kidane Belay, a taxi driver, outside the premises situated at 57 Franklin Street, Manuka. The prosecution case was that the appellant and a friend, Mr Paul Fiorenza (the co-accused), travelled in Mr Belay’s taxi from a Civic nightclub to the premises at 57 Franklin Street, Manuka where they were staying, and that an argument developed between the taxi driver and the appellant over whether or not the appellant and his friend had spat in the taxi. The prosecution case was that the appellant then struck Mr Belay who fell to the ground and sustained a serious head injury.
The incident occurred shortly after Canberra Cabs had installed photographic devices in taxis. Some days after the attack The Canberra Times published photographs of the two passengers who were last in the taxi before Mr Belay was found lying in the street. The appellant says that his employer called him into the site office the following Wednesday and showed him the photograph in the newspaper, identifying him and his friend, and that as a consequence he and his friend went to the police to clear their names. He acknowledged that he was a passenger in the taxi, but denied any wrongdoing. He said that they travelled from Civic to Manuka, then paid the fare and departed.
There are four grounds of appeal -
(i)The simultaneous conduct of administrative and judicial proceedings resulted in a miscarriage of justice.
(ii)The evidence did not support a finding of guilt beyond reasonable doubt.
(iii)Her Worship erred in admitting evidence of a hearsay representation.
(iv)The sentence imposed was manifestly excessive.
Keep reading for free
Create a free CaseChat account to read Huseyin Kuvanci v Shane Scott and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2004] ACTSC 16
- Decision Date
CaseChat Overview and Summary
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.