Kheir v The Queen

The case of Kheir v The Queen involved the appellant, Kheir, who was convicted of various criminal offences, including blackmail, aggravated burglary, armed robbery, and recklessly causing injury. The appeal was against both the conviction and the sentence. The Supreme Court of Victoria was the court of appeal.

The primary legal issues addressed were whether the trial judge erred in admitting certain evidence, particularly lay opinion evidence and ad hoc expert evidence, and whether the jury was properly directed on the issues of voice identification and the conduct of the trial. The appellant also argued that the sentence was manifestly excessive and that the orders for cumulation of sentences were excessive.

The court found that the trial judge did not err in admitting the evidence in question, as the lay opinion and ad hoc expert evidence was relevant and did not contravene the basis rule. The court also determined that the jury was adequately directed on the issues of voice identification and the conduct of the trial. Regarding the sentence, the court held that it was not manifestly excessive and the orders for cumulation were appropriate. Consequently, the application for leave to appeal against both the conviction and the sentence was refused.

The final orders of the court were to dismiss the appeal against both conviction and sentence. The court did not grant leave to appeal, affirming the lower court's decisions on both the conviction and the sentence.