SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 154 of 2001
| THE QUEEN |
| v. |
| DAVID IBRAHIM |
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JUDGES: | VINCENT and EAMES, JJ.A. and ASHLEY, A.J.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 5 August 2003 | |
DATE OF JUDGMENT: | 18 November 2003 | |
MEDIUM NEUTRAL CITATION: | [2003] VSCA 180 | |
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CRIMINAL LAW – Murder – Evidence – Lies and post-killing conduct – Whether lies and conduct relied on by prosecutor as evidence of consciousness of guilt – Whether directions were required – No miscarriage of justice – Application dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr G.J.C. Silbert | Ms K. Robertson, Solicitor for Public Prosecutions |
| For the Applicant | Mr O.P. Holdenson, Q.C. | Lewenberg & Lewenberg |
VINCENT, J.A.:
I agree that this application for leave to appeal against conviction should be dismissed. I do so for the reasons advanced by Eames, J.A. in his judgment.
EAMES, J.A.:
On Sunday 27 September 1998 at 11.45 a.m. a Ford utility driven by the applicant came to a halt with a loud screech of tyres in Copernicus Way, Keilor Downs, a residential area. The noise attracted the attention of a number of residents in nearby houses who observed the events that followed and later gave evidence in the trial of the applicant. The utility had cut in front of a small sports coupe, the driver of which was Susan Chircop. Seated beside her was one Thomas Falzon. Susan Chircop was the sister of Carol Chircop, who had been in a volatile relationship with the applicant. The sports coupe was the vehicle of Carol Chircop, but, unbeknown to the applicant, had been borrowed by Susan on this day.
The utility came to a stop at right angles to the roadway blocking the passage of the sports car. The sports car was less than a metre from the utility. Witnesses gave evidence that the driver's side door of the utility was flung open and the applicant then got out and had in his hand an object which proved to be a loaded .25 Browning pistol. The observers said that he looked angry and that he ran towards the driver's side of the sports car and then fired four shots into the car. Two bullets went through the front windscreen and two went through the driver's side window and struck the driver, Susan Chircop. She had turned away from the shooter and the bullets went into her back. When the shots were fired the applicant was so close to his victim that gunshot residue landed on her clothing. Ms Chircop did not die immediately but attempted to escape by placing her foot on the accelerator and then she and the passenger turned the steering wheel to the left, causing the car to mount the kerb and drive around the utility. The sports car then drove diagonally across a vacant corner block and turned left into Lady Nelson Way. The car took a right-hand turn into Lipton Street and then turned into a vacant block. Ms Chircop was
dying and…
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- AGLC
- R v Ibrahim [2003] VSCA 180
- Case
- [2003] VSCA 180
- Decision Date
CaseChat Overview and Summary
The court examined whether the lies and post-killing conduct of Ibrahim were properly admissible as evidence of consciousness of guilt. It was essential to establish whether the trial judge adequately directed the jury on the principles governing the admissibility and weight of such evidence. The court assessed the trial judge's directions to ensure they aligned with the principles of criminal law, particularly those concerning the admissibility of evidence of a person's consciousness of guilt. The court also considered whether the jury's consideration of this evidence led to a miscarriage of justice, thereby undermining the fairness and reliability of the verdict.
The High Court held that the trial judge's directions were sufficient, and there was no miscarriage of justice. The court found that the evidence of lies and conduct was properly before the jury, and the trial judge's directions enabled the jury to appropriately weigh this evidence. The court concluded that the jury's reliance on such evidence did not compromise the fairness of the trial, and the conviction was upheld. Consequently, the appeal against the conviction and sentence was dismissed.
No further orders were made by the court, affirming the conviction and sentence as determined by the lower court.
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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