Supreme Court
New South Wales
Medium Neutral Citation: R v Ahmed [2022] NSWSC 1268 Hearing dates: 20 September 2022 Date of orders: 20 September 2022 Decision date: 20 September 2022 Jurisdiction: Common Law Before: N Adams J Decision: The application under s 132(1) of the Criminal Procedure Act 1986 (NSW) for a trial by judge alone is refused.
Catchwords: CRIMINAL PROCEDURE – trial – judge alone application – whether in interests of justice – murder – substantial impairment – “application of objective community standards” – domestic violence – Muslim couple – prior conviction and publicity – interests of justice require a jury trial – application refused
Legislation Cited: Crimes Act 1900 (NSW), s 23A
Criminal Appeal Act, s 5F
Criminal Procedure Act 1986 (NSW), ss 131, 132, 132A
Jury Act1977 (NSW)
Cases Cited: R v Ahmed (No 2) [2019] NSWSC 517
R v GokhanEyuboglu [2019] NSWSC 181
R v Haydar(No.2) [2017] NSWSC 131
R v Kerollos [2020] NSWSC 1758
R v Simmons; R v Moore (No 4) [2015] NSWSC 259
R v Villalon [2013] NSWSC 1516
Swain v Waverley Municipal Council (2005) 220 CLR 517; [2005] HCA 4
Category: Procedural rulings Parties: Rex (Crown)
Shahab Uddin Ahmed (Accused)Representation: Counsel:
Solicitors:
Ms F Gray (Crown)
Mr M Rammage KC (Accused)
Solicitor for Public Prosecutions (NSW) (Crown)
Olympus Law Partners (Accused)
File Number(s): 2017/52488 Publication restriction: Nil.
Judgment
-
By notice of motion dated 14 September 2002 the accused, Shahab Uddin Ahmed, makes application under s 132(1) of the Criminal Procedure Act1986 (NSW) that he be tried by judge alone.
-
On 18 February 2017, the accused killed his wife, Khondkar Fariha Elahir, by stabbing her multiple times in their home. He was arrested and charged with her murder that same day.
-
The accused admits that he killed his wife. He is willing to plead guilty to manslaughter based on the partial defence of substantial impairment as provided for in s 23A of the Crimes Act1900 (NSW). The Crown does not accept this plea in full satisfaction of the indictment.
-
The accused stood trial for murder before Schmidt J on 15 April 2019. Her Honour had earlier refused an application that the trial be by way of judge alone: R v Ahmed [2019] NSWSC 55. Regrettably, within days of the trial being due to start the Crown served a large volume of documents, including internet searches the accused had conducted about punishing adulterous wives. In addition, no jury panel was available on the day that the trial was due to start. Instead of an adjournment being sought to consider the new material, the Crown changed…
Continue reading R v Ahmed
Sign in free to access the full text
- AGLC
- R v Ahmed [2022] NSWSC 1268
- Case
- [2022] NSWSC 1268
- Decision Date
CaseChat Overview and Summary
The court examined the principles set out in relevant case law and statutes, particularly focusing on the objective standard of community expectations regarding the trial of serious criminal offences. The court found that while the circumstances of the case were grave and the defendant's prior history was relevant, the significant community interest in the case and the potential for prejudice did not necessitate a jury trial. The court was of the view that a judge alone was capable of fairly assessing the evidence and applying the law without being swayed by extraneous factors.
In light of the court's reasoning, the application for a jury trial was dismissed. The case would proceed before a single judge, who would be responsible for determining the defendant's guilt or innocence based on the evidence presented. The court's decision was grounded in the belief that the interests of justice could be adequately served by a judge alone, notwithstanding the serious nature of the charges and the background of the defendant.
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.