Zahed, Abdul v The King

Case [2025] NSWCCA 24


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Zahed, Abdul v R [2025] NSWCCA 24
Hearing dates: 12 February 2025
Date of orders: 28 February 2025
Decision date: 28 February 2025
Before: Basten AJA at [1];
McNaughton J at [58];
Weinstein J at [59]
Decision:

(1)   Grant the applicant leave to appeal against the sentence imposed on him for being an accessory after the fact to murder.

(2)   Dismiss the appeal.

Catchwords:

CRIME – appeal against sentence – conviction for being accessory after the fact to murder – offender said to have acted out of “misguided sense of loyalty” to brother – lengthy criminal history – risk of institutionalisation – low objective gravity – manifest excess

EVIDENCE – sentencing on basis of agreed facts – agreed facts in relation to sentencing of co-offender tendered on issue of parity – agreement in that case that brother shot victim not accepted as a fact – rules of evidence not applicable – no error in refusing to rely on facts agreed in other case except on parity

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW), s 44

Evidence Act 1995 (NSW), ss 4, 60, 136

Cases Cited:

Barrett v R [2011] NSWCCA 213

Jackson v R [2010] NSWCCA 162

Keen v R [2024] NSWCCA 157

Likiardopolous v The Queen (2012) 247 CLR 265; [2012] HCA 37

Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46

McCosker v R [2022] NSWCCA 127

R v Lemene [2001] NSWCCA 5; 118 A Crim R 131

Category:Principal judgment
Parties: Abdul Kadir Zahed (Applicant)
Director of Public Prosecutions (NSW) (Respondent)
Representation:

Counsel:
M Thangaraj SC / J Petry (Applicant)
M Millward (Respondent)

Solicitors:

Zahr Partners (Applicant)
Solicitor for the Director of Public Prosecutions (NSW) (Respondent)
File Number(s): 2022/00265635
 Decision under appeal 
Court or tribunal:
Supreme Court
Jurisdiction:
Criminal
Citation:

[2024] NSWSC 695

Date of Decision:
07 June 2024
Before:
Button J
File Number(s):
2022/00265635

JUDGMENT

  1. BASTEN AJA: On 7 June 2024 the applicant, Abdul Kadir Zahed, was sentenced by Button J in the Common Law Division for a single offence of being an accessory after the fact to a murder, on a plea of guilty. [1] The sentence was 3 years 9 months, with a non-parole period of 2 years 6 months. The non-parole period was fixed to commence on 15 January 2023 and all but six months has now been served.

    1. R v Abdul Zahed [2024] NSWSC 695 (“Sentencing judgment”).

  2. The grounds of appeal were as follows:

  1. His Honour erred in giving less weight to the applicant’s having acted out of a misguided sense of loyalty vis-à-vis his brother on the grounds that there was no evidence that the applicant’s brother had committed to the principal offence.

  2. His Honour erred in failing to find special circumstances, notwithstanding the risk of the applicant becoming institutionalised.

  3. The sentence imposed was manifestly excessive.

  1. The murder in question occurred on the night of 10-11 December…

Continue reading Zahed, Abdul v The King

Sign in free to access the full text

Details
AGLC
Zahed, Abdul v The King [2025] NSWCCA 24
Case
[2025] NSWCCA 24
Decision Date

CaseChat Overview and Summary

In the matter of Abdul Zahed, the appellant, against the respondent, the King, the High Court of Australia was tasked with reviewing the sentence imposed on Zahed for his involvement as an accessory after the fact to a murder. The central issue revolved around whether the sentence imposed was manifestly excessive given the circumstances of the case and Zahed's background. Zahed, who had a lengthy criminal history, claimed that his actions were driven by a misguided sense of loyalty to his brother, who was the principal perpetrator of the crime. Zahed argued that the objective gravity of his offence was low, and there was a risk of institutionalisation if he were to receive a lengthy prison term.

The court was required to determine whether the sentencing judge erred in considering the agreed facts from a co-offender's sentencing hearing. The court had to assess if there was any procedural unfairness or error in the sentencing process, particularly in light of the appellant's arguments regarding the low objective gravity of his crime and his personal circumstances. The court also had to consider whether the sentence was proportionate to the crime and whether it represented a manifest excess.

The High Court found that there was no error in the trial judge's refusal to rely on the agreed facts from the co-offender's case, except on the issue of parity. The court held that the rules of evidence did not strictly apply in sentencing matters, and it was within the trial judge's discretion to consider the agreed facts on the issue of parity. The court further found that the sentence imposed was not manifestly excessive, taking into account the appellant's criminal history, the nature of his involvement in the crime, and the principle of parity with co-offenders. The appeal was dismissed, and the original sentence was upheld.

Orders

Orders of the court

Full text does not contain this section.

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.