SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Mazaydeh (No 1) |
Citation: | [2014] ACTSC 279 |
Hearing Date(s): | 3 and 4 September and 27 October 2014 |
DecisionDate: | 27 October 2014 |
Before: | Murrell CJ |
Decision: | Directed verdict of not guilty on the counts of burglary, theft and attempt to intentionally and unlawfully render unconscious. |
Category: | Interlocutory application |
Catchwords: | CRIMINAL LAW – PARTICULAR OFFENCES – Judge alone trial – application for “Prasad direction” – burglary – theft – attempt to choke and render insensible – assault occasioning actual bodily harm – common assault – threat to cause property damage |
Legislation Cited: | Crimes Act 1900 (ACT) s 27(3) Criminal Code 2002 (ACT) ss 44, 306, 308, 311 Theft Act 1968 (UK) |
Cases Cited: | R v Dardovska (2003) 6 VR 628 Sharp v McCormick [1986] VR 869 |
Parties: | The Queen (Crown) Mohammed Mazaydeh (Accused) |
Representation: | Counsel Ms A Begley (Crown) Mr A Hopkins (Accused) |
| Solicitors Director of Public Prosecutions (ACT) (Crown) Kamy Saeedi Lawyers (Accused) | |
File Number(s): | SCC 3 of 2014; SCC 223 of 2014 |
MURRELL CJ:
Introduction
At the close of the Crown case, the accused seeks a “Prasad direction” (see: R v Prasad (1979) 23 SASR 161) in relation to three of the matters before the Court:
(1) Remain in a building, being the complainant’s apartment, as a trespasser with intent to commit theft of property in the building contrary to s 311 of the Criminal Code 2002 (ACT) (Criminal Code);
(2) Dishonestly appropriate the complainant’s mobile telephone with intent to permanently deprive her of that property (contrary to s 308 of the Criminal Code), and;
(3) Attempt to intentionally and unlawfully choke the complainant so as to render her insensible or unconscious (contrary to s 27(3)(a) of the Crimes Act 1900 (ACT) (Crimes Act) read with s 44 of the Criminal Code).
It is for the accused to satisfy the Court that the evidence supporting each charge is so lacking in weight and reliability that it cannot form a proper foundation for a conviction.
The Crown alleges that the accused was a friend and former partner of the complainant. On 26 October 2013, the pair went shopping before returning to the complainant’s apartment. As they were about to enter the apartment, the complainant received an incoming call on her mobile telephone. Thereafter, the accused made repeated and insistent inquiries as to the identity of the caller. He suspected that the caller was a male. It is the prosecution case that, in the course of pressing the complainant for the information, the accused assaulted the complainant and threatened her in a variety of ways.
Burglary and theft
In relation to the charges of burglary and theft, the accused submits that the prosecution case is incapable of reliably supporting an element of those offences, i.e. that the accused intended to permanently deprive the complainant of her mobile telephone. The accused submits…
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- Case
- [2014] ACTSC 279
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the prosecution had presented sufficient evidence to sustain a conviction on the counts of burglary, theft, and the attempt to intentionally and unlawfully render unconscious. The court had to assess whether the prosecution's evidence, if left unrebutted, would allow a reasonable jury, properly directed, to be satisfied beyond reasonable doubt of the defendant’s guilt. Additionally, the court needed to consider whether the evidence was adequate to establish the elements of the remaining charges.
In evaluating the sufficiency of the evidence, the court concluded that the prosecution had not presented sufficient evidence to sustain a conviction on the counts of burglary, theft, and the attempt to intentionally and unlawfully render unconscious. The court found that the evidence did not clearly establish the defendant’s presence at the location of the burglary or his intent to commit theft. Similarly, the evidence did not establish the requisite intent and action for the attempt to render unconscious. However, the court found the evidence sufficient to support the remaining charges.
The court granted the application for a directed verdict of not guilty on the counts of burglary, theft, and the attempt to intentionally and unlawfully render unconscious. The remaining charges against Mazaydeh proceeded to the jury for determination.
Orders
Orders of the court
Directed verdict of not guilty on the counts of burglary, theft and attempt to intentionally and unlawfully render unconscious.
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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