SUPREME COURT OF QUEENSLAND
CITATION:
R v Shambayati [2016] QCA 100
PARTIES:
R
v
SHAMBAYATI, Sasan
(appellant/applicant)FILE NO/S:
CA No 127 of 2015
DC No 960 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction & Sentence: 3 June 2015
DELIVERED ON:
19 April 2016
DELIVERED AT:
Brisbane
HEARING DATE:
3 November 2015
JUDGES:
Fraser and Morrison JJA and Henry J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Appeal against conviction dismissed.
2. Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IRREGULARITIES IN RELATION TO JURIES – OTHER CASES – where the appellant was found guilty of assault occasioning bodily harm following a trial by a jury – where during the empanelling of the jury the appellant allegedly called out ‘challenge’ but the juror was subsequently empanelled – where the appellant alleged that the jury had not been empanelled according to law – where the recording of the empanelment of the relevant potential juror was played – where in that recording the word ‘challenge’ is heard as a whisper – where defence counsel heard this and subsequently spoke with the appellant – where the trial judge did not hear the appellant – whether the word ‘challenge’ was audible to the court – whether the jury was empanelled according to law
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – OTHER MATTERS – where the evidence of the appellant was supported by independent witnesses and the evidence of the alleged co-offender – where the complainant’s evidence derived support from the evidence of other independent witnesses – whether the verdict was unreasonable or insupportable having regard to the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – OBJECTIONS OR POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON-DIRECTION – GENERAL PRINCIPLES – where the trial judge did not direct on the issues of self-defence or consensual fight – where the appellant submitted that it was possible that self-defence or a consensual fight was raised on the evidence – where the appellant did not rely upon either of those defences – whether either issue arose on the evidence – whether direction on these issues would have obfuscated the real issue – whether the appellant was denied a fair chance of acquittal
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant was sentenced to eight months imprisonment with a parole date fixed on 3 October 2015 – where the appellant was sentenced on the basis that there was no provocation, that it was not a premeditated assault and that it was a protracted assault – where the appellant had a relevant criminal history – whether the sentence was manifestly excessive
Criminal Code
Continue reading R v Shambayati
Sign in free to access the full text
- AGLC
- R v Shambayati [2016] QCA 100
- Case
- [2016] QCA 100
- Decision Date
CaseChat Overview and Summary
Regarding the jury, the court examined the recording of the empanelment and found that the word 'challenge' was inaudible to the court but audible to defence counsel. The court held that since the trial judge was not informed of the challenge, the jury was not empanelled according to law. However, the court found that this did not affect the outcome of the appeal, as the evidence supported the guilty verdict. The court also considered whether the trial judge should have directed the jury on self-defence or a consensual fight, but concluded that these issues were not raised by the evidence and would not have changed the verdict.
The court found that the verdict was reasonable and supported by the evidence, and that the sentence was not manifestly excessive given the appellant's criminal history and the circumstances of the assault. The court dismissed the appeal against conviction and refused the application for leave to appeal against sentence. The sentence of eight months imprisonment with a parole date fixed on 3 October 2015 was upheld.
Orders
Orders of the court
1. Appeal against conviction dismissed.
2. Application for leave to appeal against sentence refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.