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Director of Public Prosecutions (NSW) v Al-Zuhairi [2018] NSWCCA 151 | Case summary | Zoe

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Home/Cases/[2018] NSWCCA 151

NSWNSWCCA

Director of Public Prosecutions (NSW) v Al-Zuhairi

[2018] NSWCCA 151

Court of Criminal Appeal (NSW)|2018-06-22|Before: Payne JA, Hulme J, Fagan J

View original source

At a glance

Source facts

Court

Court of Criminal Appeal (NSW)

Decision date

2018-06-22

Before

Payne JA, Hulme J, Fagan J

Source

Original judgment source is linked above.

Judgment (8 paragraphs)

[3]

, [40] and [61] - added section heading to legislation

[4]

corrected subsection of Crimes (Domestic and Personal Violence) Act from 5(1)(f) to 5(1)(g)

[15]

and [64] - added "[given]" to reflect the wording of s 18(1) of the Crimes (Appeal and Review) Act 2001

[21]

added "(NSW)" to Bill citation

[39]

corrected order of paragraphs in Second Reading Speech

[51]

corrected pinpoint reference in Jarrett v R

[52]

removed case citation, stated above in [22]

[64]

typographical corrections; in Question 1 changed "of" to "or" and added "in" DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 May 2019

Parties

Applicant/Plaintiff:

Director of Public Prosecutions (NSW)

Respondent/Defendant:

Al-Zuhairi

Legislation Cited (10)

Crimes (Appeal and Review) Amendment Act 2009(NSW)

Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2006(NSW)

Criminal Appeal Act 1912(NSW)s 5B

Criminal Procedure Act 1986(NSW)ss 3, 289C, 289E, 289F, 289I, 306B

Crimes (Appeal and Review) Act 2001(NSW)ss 11, 18

Crimes Act 1900(NSW)s 59

Crimes (Domestic and Personal Violence) Act 2007(NSW)ss 4, 5, 6, 11

Evidence Act 1995(NSW)

Evidence Act 1977(Qld)

Interpretation Act 1987(NSW)s 33

Cases Cited (16)

(2007) 232 CLR 208

(2014) 86 NSWLR 623

(2005) 63 NSWLR 628

(2017) 91 ALJR 936

(2007) 69 NSWLR 547

(1920) 28 CLR 373

(1956) 100 CLR 146

Cited By (2)

Director of Public Prosecutions (NSW) v Banks

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(1978) 140 CLR 41

[2017] NSWCCA 318

[2015] NSWSC 1669

[2006] NSWCCA 244

[2007] NSWCCA 185

[2005] NSWCCA 278

[2014] NSWCCA 140