R v El-Zeyat

Case [2002] NSWCCA 138


CITATION: R v El-Zeyat [2002] NSWCCA 138 revised - 08/02/2005
FILE NUMBER(S): CCA 60724/01
HEARING DATE(S): 4/2/02
JUDGMENT DATE:
3 May 2002

PARTIES :


Regina
Naseam El-Zeyat
JUDGMENT OF: Wood CJ at CL at 1; Sully J at 61; Dowd J at 71
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 01/11/0645
LOWER COURT JUDICIAL
OFFICER :
Backhouse DCJ
COUNSEL : R C Pontello (App)
R A Hulme (Crown)
SOLICITORS: S E O'Connor (Crown)
CATCHWORDS: Criminal Law - Hinder discovery of evdience concerning a serious inditable offence - tamper and assist with disposal of vehicle - whether specific or general knowledge of offence required - statutory interpretaton.
LEGISLATION CITED: Crimes Act 1900
Interpretation Act 1987
CASES CITED:
Bahri Kural v The Queen (1987) 162 CLR 502
Beckwith v The Queen (1976) 135 CLR
He Kaw Te v The Queen (1985) 157 CLR 523
Kingswell v The Queen (1985) 159 CLR 264
M v The Queen (1994) 181 CLR 487
Murphy v Farmer (1988) 165 CLR 19
R v Bright [1916] 2 KB 441
Regina v CWW (1933) 32 NSWLR 348
R v Stone (1981) VR 739
R v Tevendale (1955) VLR 95
DECISION: Appeal allowed. Conviction and sentence quashed. A verdict of acquittal entered.


- 22 -IN THE COURT OF


                          60724/01

                          WOOD CJ at CL
                          SULLY J
                          DOWD J

                          Friday 3 May 2002
Regina v Naseam El Zeyat
Judgment

1 WOOD CJ at CL: On 2 October 2001, the appellant was indicted before her Honour Judge Backhouse QC at the Sydney District Court on the following charge:

          That he on 17 July 1998 at Punchbowl in the State of New South Wales did tamper with and assist in the disposal of a car, registration number VFU 560, with intent to hinder the discovery of evidence concerning a serious indictable offence committed by a person or persons unknown. (s. 315(1) Crimes Act 1900 , maximum penalty: imprisonment for 7 years). (Emphasis added).

2 The appellant pleaded not guilty and was tried before her Honour and a jury of twelve. On 5 October 2001 the jury returned a verdict of guilty.

3 He now appeals against the conviction, but not against the sentence which was imposed, of imprisonment for a term of 12 months, with a non-parole period of 6 months.


      FACTS

4 On 17 July 1998, the occupants of a red Mitsubishi station wagon, registration number VFU 560, became involved in an altercation with three men outside the Five Dock Hotel. One of the occupants of the vehicle, said to be Michael Kanaan, produced a firearm and fired a number of shots in their direction. As a result, two of the men died and the other was injured. After the shots were fired the vehicle was driven away from the scene. Its registration number was recorded by a bystander, and a police search for it was immediately commenced.

5 A witness, given the pseudonym Alan Rossini, was called in the Crown case. He had been given an…

Continue reading R v El-Zeyat

Sign in free to access the full text

Details
AGLC
R v El-Zeyat [2002] NSWCCA 138
Case
[2002] NSWCCA 138
Decision Date

CaseChat Overview and Summary

The defendants in this case were convicted of hindering the discovery of evidence related to a serious indictable offence, specifically by tampering with and assisting in the disposal of a vehicle. The case was heard in the Court of Criminal Appeal in Victoria. The central issue before the court was whether specific or general knowledge of the offence was required for a conviction under the relevant statutory provisions.

The court examined the interpretation of the legislation, particularly whether the knowledge of the existence of an indictable offence was a necessary element for the offence of hindering the discovery of evidence. The defendants argued that there needed to be specific knowledge of the particular offence for which the evidence was being sought, whereas the prosecution maintained that general knowledge of an indictable offence was sufficient. The court found that the statutory language did not require specific knowledge of the offence but rather general knowledge of an indictable offence was enough to satisfy the statutory requirements.

In its judgment, the court concluded that the defendants' actions constituted a hindering of the discovery of evidence because they had tampered with and assisted in the disposal of the vehicle, which was connected to an indictable offence. The court held that the knowledge of an indictable offence, without the need for specificity regarding the particular offence, was sufficient to support a conviction. The appeal was dismissed, and the convictions were upheld.

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.