MAH v R

Case [2006] NSWCCA 226


CITATION: M.A.H. v Regina; Regina v M.A.H. [2006] NSWCCA 226
HEARING DATE(S): 13 June 2006
 
JUDGMENT DATE: 

27 July 2006
JUDGMENT OF: Grove J at 1; Hidden J at 87; Kirby J at 88
DECISION: CONVICTION APPEAL DISMISSED; CROWN APPEAL DISMISSED; APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DISMISSED
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - MURDER - DIRECTIONS TO JURY ON MOTIVE - MOTIVE NOT RELIED ON AS PROOF OF GUILT BUT IN SUPPORT OF TESTIMONY OF ACCOMPLICE - NO ERROR SHOWN - LEAVE TO CROSS EXAMINE WITNESS NOT MAKING GENUINE ATTEMPT TO GIVE EVIDENCE - FINDING BY TRIAL JUDGE - NO REQUIREMENT OF CONTEMPORANEITY BETWEEN EVENTS AND MAKING OF STATEMENT UPON WHICH WITNESS CROSS EXAMINED - DIRECTIONS ON TELLING OF LIES NOT ERRONEOUS - SENTENCE - OFFENDER AND VICTIM BOTH AGED 17 - ASSESSMENT WITHIN DISCRETIONARY RANGE
LEGISLATION CITED: Children's (Criminal Procedure) Act 1987
Criminal Appeal Act 1912
Evidence Act 1995
CASES CITED: Adams v The Queen 2001 207 CLR 96
De Gruchy v The Queen 2002 211 CLR 85
Lowe v The Queen 1984 154 CLR 606
M. v The Queen 1984 181 CLR 487
Penney v The Queen 1998 72 ALJR 1316
R v Mungomery 2004 151 A Crim R 376
R v Pantoja NSWCCA, unrep. 5 November 1998
R v Previtera 1997 97 A Crim R 76
R v Simpson 2001 NSWLR 704
The Queen v Olbrich 1999 199 CLR 270
Zoneff v The Queen 2000 200 CLR 234
PARTIES: M.A.H. v Regina; Regina v M.A.H.
FILE NUMBER(S): CCA 2006/727; 2005/1866
COUNSEL: D. Woodburne (Crown/Appellant in 1866)
D. Campbell SC with S. Longhurst (Res/Apt in 727)
SOLICITORS: S. Kavanagh (DPP)
Williamson Isabella Lawyers (Appellant)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2004/33
LOWER COURT JUDICIAL OFFICER: Hislop J
LOWER COURT DATE OF DECISION: 30 August 2005
LOWER COURT MEDIUM NEUTRAL CITATION: R v M.A.H. [2005] NSWSC 871



                          2006/727
                          2005/1866

                          GROVE J
                          HIDDEN J
                          KIRBY J

                          27 July 2006

M.A.H. v REGINA


REGINA v M.A.H.

Judgment

1 GROVE J: Before the Court is, first, an appeal against conviction for murder following trial before Hislop J and a jury. His Honour sentenced the appellant to imprisonment for a total term of twenty two years with a non parole period of sixteen and a half years. A Crown appeal asserting the manifest inadequacy of that sentence and an application for leave to appeal against severity of sentence (in the alternative to the appeal against conviction) by the appellant, are the second matters.

2 The deceased, a youth aged seventeen years (ST) was last seen alive, other than by his killers, on Saturday 21 October 2000. On that day he had attended employment at a shop and his mother collected him at 4.30 pm. After arriving home, he changed some clothing and told his mother that he was going to Mount Keira and would call, on his mobile phone, to let her know if he would be back in time for tea. He told her that he…

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MAH v R [2006] NSWCCA 226
Case
[2006] NSWCCA 226
Decision Date

CaseChat Overview and Summary

The case of MAH v R involved a dispute over the conviction of the appellant for murder. The matter was heard in the High Court of Australia. The appellant was convicted of the murder of another individual, and the central issue was whether the trial judge had erred in directing the jury on the aspect of motive. The appellant argued that the trial judge's direction implied that motive could be used as proof of guilt, which was not the case. However, the court held that the direction was given in the context of supporting the testimony of an accomplice, and no error was shown in this regard.

Additionally, the appellant contested the trial judge's refusal to allow cross-examination of a witness who was alleged to have lied. The court considered whether the trial judge's finding that the witness was not making a genuine attempt to give evidence was correct. The court held that there was no requirement for contemporaneity between the events and the making of the statement upon which the witness was cross-examined. Furthermore, the court found that the trial judge's direction on telling lies was not erroneous. Lastly, the court examined the sentence imposed on the appellant, who was 17 years old at the time of the offence, as was the victim. The court considered the appropriate sentence in light of the circumstances and the age of the parties involved.

The High Court found that no errors were made in the trial judge's directions to the jury, the refusal to allow cross-examination of the witness, or the direction on telling lies. The court affirmed the conviction and sentence of the appellant, finding that the trial judge had acted correctly in all respects. The final orders of the court were to dismiss the appeal and affirm the conviction and sentence.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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