R v Taouk

Case [2005] NSWCCA 155


Reported Decision:

154 A Crim R 69

New South Wales


Court of Criminal Appeal

CITATION:

Regina v Taouk [2005] NSWCCA 155
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 22/03/05
 
JUDGMENT DATE: 


7 June 2005

JUDGMENT OF:

James J at 1; Hislop J at 138; Hall J at 139

DECISION:

Appeal agaisnt conviction dismissed

CATCHWORDS:

CRIMINAL LAW - Conviction appeal - murder - whether the trial judge erred in admitting disputed evidence of admissions which were not electronically recorded but which were said to have been made by the appellant to a police officer - whether the directions given by the trial judge on the manner in which the jury may approach the evidence relating to finding of gunshot residue on the hands of both the appellant and one of the deceased were erroneous and inadequate - whether the verdicts of the jury are unreasonable having regard to the evidence

LEGISLATION CITED:

Crimes Act
Criminal Appeal Rules
Criminal Code (Western Australia)
Criminal Law (Detention and Interrogation) Act 1995 (Tas)
Criminal Procedure Act
Evidence Act

CASES CITED:

Barca v The Queen (1975) 133 CLR 82
Cutter v The Queen (1997) 143 ALR 498
George v Rockett (1990) 170 CLR 104
Hodge's Case (1838) 2 Lewin 227 (168 ER 1136)
Jones v The Queen (1997) 191 CLR 439
Kelly v The Queen (2004) 78 ALJR 538
Knight v The Queen (1992) 175 CLR 495
M v The Queen (1994) 181 CLR 487
Martin v Osborne (1936) 55 CLR 367
MFA v The Queen (2002) 213 CLR 606
Nicholls v The Queen; Coates v The Queen (2005) 213 ALR 1
Peacock v The King (1911) 13 CLR 619
Plomp v The Queen (1963) 110 CLR 234
Queensland Bacon Pty Limited v Rees (1965-66) 115 CLR 266
The Queen v Swaffield (1997) 192 CLR 159
R v Bunting & Wagner [2005] SASC 45
R v Crowther-Wilkinson NSWSC 70096/01; unreported 8 May 2002
R v O'Donoghue (1988) 34 A Crim R 397
R v Khouzame [2000] NSWCCA 505
R v Nelson [2004] NSWCCA 231
R v Rondo (2001) 126 A Crim R 562
Shepherd v The Queen (1990) 170 CLR 573
Thomas v The Queen (1960) 102 CLR 584
Walsh v Loughnan [1991] 2 VR 351

PARTIES:

Regina v Simon Taouk

FILE NUMBER(S):

CCA 2004/3085 CCAP

COUNSEL:

P Byrne SC with G Bashir - Appellant
D Frearson SC - Crown

SOLICITORS:

C Bilinsky (Horowitz & Bilinsky) - Appellant
S Kavanagh (Solicitor for Public Prosecutions) - Crown

LOWER COURT JURISDICTION:

Supreme Court

LOWER COURT FILE NUMBER(S):

2003/39 SCRM

LOWER COURT JUDICIAL OFFICER:

Barr J


                          2004/3085 CCAP

                          JAMES J
                          HISLOP J
                          HALL J

                          Tuesday 7 June 2005
REGINA v Simon (Eid) TAOUK
Judgment

1 JAMES J: Simon Taouk appealed against his conviction, after a trial in the Supreme Court before Barr J and a jury, on two charges of murder, that on 29 September 2002 he murdered Tony Taouk and that on the…

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AGLC
R v Taouk [2005] NSWCCA 155
Case
[2005] NSWCCA 155
Decision Date

CaseChat Overview and Summary

In the case, the appellant was convicted of murder and sentenced to life imprisonment. The appeal was against the conviction, focusing on several points of contention. The primary issue was whether the trial judge made an error in admitting disputed evidence of admissions allegedly made by the appellant to a police officer, which were not electronically recorded. The appellant argued that the evidence was inadmissible due to its lack of recording. Another issue was whether the directions given by the trial judge on the manner in which the jury was to approach the evidence relating to the finding of gunshot residue on the hands of both the appellant and one of the deceased were erroneous and inadequate. Lastly, the appeal questioned whether the jury's verdicts were unreasonable considering the evidence presented.

The court considered the issue of the admission of the alleged unrecorded admissions first. It examined the reliability and admissibility of such evidence in the absence of a recording. The court found that the trial judge did not err in admitting this evidence, as the witness's testimony was deemed credible and the evidence was relevant to the case. Regarding the directions on gunshot residue evidence, the court assessed whether the judge provided adequate guidance to the jury. It determined that the directions were sufficient and did not prejudice the appellant's case. Lastly, the court examined the overall reasonableness of the jury's verdicts in light of the evidence. It concluded that the verdicts were not unreasonable and were supported by the evidence presented. The appeal was therefore dismissed.

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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