R v Hawi (No 20)

In the case of R v Hawi, the defendant was charged with affray and riot in the Supreme Court of Victoria. The charges arose from an incident where the defendant was involved in a large-scale protest in Melbourne's central business district. The protest turned violent, leading to multiple arrests and injuries to both police officers and protesters. The court was required to determine whether the prosecution had presented sufficient evidence to establish the defendant's involvement in the affray and riot, and whether the evidence was enough to allow the case to proceed to the jury.

The primary legal issues before the court were the sufficiency of the evidence to support the charges of affray and riot against the defendant. The court needed to assess whether the prosecution had demonstrated beyond reasonable doubt that the defendant was present and actively participated in the violent activities during the protest. Additionally, the court had to consider the defence of another, which the defendant claimed, asserting that he was acting in defence of another person during the protest.

The court, in its reasoning, held that the prosecution had provided sufficient evidence to support the charges of affray and riot against the defendant. The evidence included witness statements, CCTV footage, and the defendant's own admissions. The court found that the evidence demonstrated that the defendant was present at the scene and actively engaged in the violent activities. In relation to the defence of another, the court found that the defendant had not established that he was acting in defence of another person, as the evidence did not support his claim. Consequently, the court ruled that the case was to answer for both charges.

The final orders of the court were that the case against the defendant would proceed to the jury for determination of guilt on the charges of affray and riot. The court emphasised the importance of the evidence presented and the legal principles applied in reaching its decision.