NEW SOUTH WALES CRIMINAL COURT OF APPEAL
CITATION: REGINA v MAJDALAWI [2000] NSWCCA 240
FILE NUMBER(S):
60324/98
HEARING DATE(S): 13/06/00
JUDGMENT DATE: 13/06/2000
PARTIES:
Regina
Hoss Majdalawi
JUDGMENT OF: Spigelman CJ Newman J Adams J
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70064/96
LOWER COURT JUDICIAL OFFICER: Bell AJ
COUNSEL:
D N Stewart (Appellant)
C K Maxwell WC (Crown)
SOLICITORS:
Dodaro Lawyers (Appellant)
S E O'Connor (Crown)
CATCHWORDS:
CRIMINAL LAW
murder
defences
diminished responsibility
"substantial impairment"
Crimes Act 1900, s23A
LEGISLATION CITED:
Crimes Act 1900
DECISION:
Appeal dismissed
JUDGMENT:
- 13 -
IN THE COURT OF
CRIMINAL APPEAL
60324/98
SPIGELMAN CJ
NEWMAN J
ADAMS JTuesday 13 June 2000
REGINA v Hoss MAJDALAWI
JUDGMENT
SPIGELMAN CJ: The Appellant was found guilty of murder. His defence at trial and in this Court was that of diminished responsibility pursuant to s23A of the Crimes Act 1900. The only ground of appeal is that the verdict of the jury is unreasonable having regard to the medical evidence which, it is submitted, clearly establishes the defence of diminished responsibility.
On 21 March 1996 the Appellant shot his wife outside the Family Court in Parramatta a number of times, with the last shot at close range to her head.
The submissions of both the Appellant and the Crown accepted that three conditions must be made out, namely, the jury must be satisfied that at the time of the killing the Appellant was:
(i) suffering from an abnormality of mind;
(ii) that the abnormality arose from a condition of arrested or retarded development of mind or from some inherent cause or was induced by disease or injury;
(iii) that the abnormality substantially impaired the accused's mental responsibility for the act.
The Crown accepted that conditions (i) and (ii) had been made out. Issue is joined on condition (iii) namely whether the abnormality of mind substantially impaired the Appellant’s mental responsibility for the killing.
With respect to this third element the issue for this Court is whether it was open to the jury to reject the defence of diminished responsibility on the evidence before it.
Two psychiatrists were called in the defence case, both with varying qualifications to which I will presently refer, who gave evidence in support of the defence.
The Appellant accepted the statement of principle in this respect of Badgery-Parker J in R v Tumanako (1992) 64 A Crim R 149 at 160 as follows:
"Because the existence of the first and the third elements are matters for determination by the jury being matters of degree not capable of scientific measurement, and the jury is entitled to approach them in a broad commonsense way and not necessarily in accordance with the medical evidence, on neither issue is the jury, bound to accept the medical evidence if there is other material before it which in the judgment of the jury, conflicts with it and outweighs it."
The Appellant, accordingly, had to submit, and did submit, that there was no other material before the…
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- AGLC
- R v Majdalawi [2000] NSWCCA 240
- Case
- [2000] NSWCCA 240
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented regarding Majdalawi's mental health, including expert testimonies and medical reports, to ascertain if his impairment was sufficient to affect his control over his actions. The court considered the statutory definition of "substantial impairment" and whether Majdalawi's condition met the criteria of being an "abnormality of mental processes." The court also assessed whether this impairment substantially impaired his ability to form rational judgement or to understand the nature and quality of his act or that it was wrong.
Upon thorough analysis, the court found that Majdalawi's evidence and the expert testimonies did not sufficiently demonstrate that his mental condition resulted in a substantial impairment of his ability to control his actions. The court held that the defendant's condition did not meet the statutory requirements for diminished responsibility. Consequently, the plea of diminished responsibility was rejected, and the defendant was convicted of murder. The court delivered its final orders accordingly, confirming the conviction for murder and proceeding with sentencing.
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
Established by: SPIGELMAN CJ NEWMAN J
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