Shahzad v The King

[2023] NSWDC 421

District Court

New South Wales

Medium Neutral Citation:

Shahzad v R [2023] NSWDC 421

Hearing dates:

9 October 2023

Decision date:

13 October 2023

Jurisdiction:

Criminal

Before:

Newlinds SC DCJ

Decision:

1.    The appeal dated 15 December 2022 is dismissed.

2.    If necessary, I confirm the decision of Magistrate Boulos made 15 December 2022.

Catchwords:

CRIME – appeal from Magistrate: alleged errors in reasoning

Legislation Cited:

Crimes Act 1900, s 114(1)(a)

Crimes (Appeal and Review) Act 2001, s 18

Cases Cited:

Browne v Dunn (1893) 6 R. 67

Charara v R [2006] NSWCCA 244, and Wood v DPP [2006] NSWCA 240.

Fox v Percy (2003) 214 CLR 118

Hoffer v R [2021] HCA 36

R v Pakis (1981) 3 A Crim R 132

Liberato v R (1985) 159 CLR 507 at 520

Category:

Principal judgment

Parties:

Amir Shahzad (Appellant)
Rex (Respondent)

Representation:

Counsel:
A Norrie (Appellant)
H Buddin (Respondent)
Solicitors:
Nicopoulos Sabbagh Lawyers (Appellant)
Office of the Director of Public Prosecutions (Respondent)

File Number(s):

2020/334602
2020/334610
2021/234140

Publication restriction:

None

 Decision under appeal 

Court or tribunal:

Local Court, Burwood

Jurisdiction:

Criminal

Date of Decision:

15 December 2022

Before:

Magistrate Boulos

File Number(s):

2020/334610

JUDGMENT

Introduction

1. This is an appeal from a decision of Magistrate Boulos delivered on 15 December 2022, wherein her Honour convicted the Appellant of seven offences alleged to have occurred between 1 March 2019 and 22 November 2020.

Background

2. The Crown Summary of the case and the issues were largely uncontroversial. It helpfully frames the case and the issues before me. I will set them out in full:

“1.   The Appellant in this matter is Amir Shazad (DOB: 18/08/1978) (“the Appellant”). The victims in this matter are the Appellant’s former wife Ms Naomi Joseph, as well as his children Alannah, Shauna and Adrian.

2.   The Appellant pleaded not guilty in the Local Court to all matters and was convicted on 15 December 2022 of a total of seven offences in respect of two separate sets of charge numbers at Burwood Local Court.

3. In respect of charge number H77110056, the Appellant was convicted of five separate offences of common assault (DV) which occurred at the family home. The elements of an offence of common assault contrary to s61(1) Crimes Act 1900 are as follows:

(i) Assault another person, and

(ii) Assault is an act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence.

4. In respect of the charge number H82544172 the Appellant was convicted of two further offences. The first offence was contrary to s114(1)(a) Crimes Act, the elements of which are as follows:

(i)   armed with a weapon or instrument; and

(ii)    intention to commit an indictable offence.

5. The second offence was contrary to s13(1) Crimes Domestic and Personal Violence Act, the elements of which are as follows: i) Intimidate another person, ii) With intent to cause that person physical or mental harm, iii) A person intends to cause fear of physical or mental harm…