Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Jaghbir (No 3) [2020] NSWSC 1383 Hearing dates: 7 – 11 September 2020; 15 – 18 September 2020;
21 - 22 September 2020Date of orders: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Common Law Before: Davies J Decision: The accused Ahmed Jaghbir is guilty of procuring, aiding and counselling unknown persons to murder Kemel Barakat
Catchwords: CRIME - accessory before the fact to murder - trial by judge alone - circumstantial evidence case - where deceased was shot whilst he was asleep in his unit in a security building - where assailants entered the unit by unlocking the front door with a key in their possession - where unsuccessful attempt made by assailants to gain access to deceased’s unit two days prior - where accused asked to repair the front door of the deceased’s unit one week before the killing - whether the accused provided a key and/or information to enable access to the unit where the deceased resided - where accused the only person who could have provided a duplicate key - where accused made admission indicating that he had some involvement in setting up the entry of the assailants - evidence of accused’s knowledge of unsuccessful attempt two days prior - relevance of motive - where no reasonable explanation consistent with the innocence of the accused - accused found guilty
Legislation Cited: Criminal Procedure Act 1986 (NSW) s 133
Evidence Act 1995 (NSW) ss 38, 165
Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336
Burrell v R [2009] NSWCCA 163
Chamberlain v The Queen (No 2) (1984) 153 CLR 521
Davidson v R [2009] NSWCCA 150
Plomp v the Queen (1963) 110 CLR 234
R v Jaghbir (No 2) [2020] NSWSC 955
R v Merritt [1999] NSWCCA 29
Texts Cited: Nil
Category: Principal judgment Parties: Crown
Ahmed Jaghbir (Accused)Representation: Counsel:
Solicitors:
C Taylor (Crown)
G James QC & E James (Accused)
Office of the Director of Public Prosecutions (Crown)
Abbas Jacobs Lawyers (Accused)
File Number(s): 2017/337859 Publication restriction: Nil
JUDGMENT
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Ahmed Jaghbir was arraigned before me on 7 September 2020 and entered a plea of not guilty to the following charge:
Whereas on the 10th day of March 2017, at Mortlake in the State of New South Wales, unknown persons did commit a serious indictable offence, namely murder Kemel Barakat, you are a charged by that name for that between the 2nd and 10th day of March 2017 at Sydney, in the State of New South Wales, before the said serious indictable offence was committed, you did procure, aid and counsel the said persons unknown to commit the said serious indictable offence.
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The trial was conducted without a jury. The accused had made application for a judge alone trial by a notice of motion filed on 2 March 2020. That notice…
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- AGLC
- R v Jaghbir (No 3) [2020] NSWSC 1383
- Case
- [2020] NSWSC 1383
- Decision Date
CaseChat Overview and Summary
The court had to consider whether the circumstantial evidence was sufficient to prove the accused’s guilt beyond reasonable doubt. The court found that the evidence of the accused’s knowledge of the unsuccessful attempt two days prior, his admission of involvement in setting up the entry of the assailants, and his ability to provide a duplicate key were all strong indicators of his guilt. The court also considered the relevance of motive and found that there was no reasonable explanation consistent with the innocence of the accused. The court found that the circumstantial evidence was sufficient to prove the accused’s guilt beyond reasonable doubt.
The court found the accused guilty of being an accessory before the fact to the murder. The court found that the evidence of the accused’s knowledge of the unsuccessful attempt two days prior, his admission of involvement in setting up the entry of the assailants, and his ability to provide a duplicate key were all strong indicators of his guilt. The court also considered the relevance of motive and found that there was no reasonable explanation consistent with the innocence of the accused. The court found that the circumstantial evidence was sufficient to prove the accused’s guilt beyond reasonable doubt. The court ordered that the accused be sentenced accordingly.
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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