NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR BASSAM HAMZY V/S ATTORNEY GENERAL OF NEW SOUTH WALES CASE

Australia, July 23 -- New South Wales Land and Environment Court issued text of the following judgement on June 23:

1. The applicant, Bassam Hamzy, pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) (CAR Act) has made an application for an inquiry into his conviction for conspiracy to murder contrary to s 26 of the Crimes Act 1900 (NSW).

2. On 24 July 2001, following a trial by jury conducted in June and July 2001, the applicant was convicted on each of five counts in an indictment charging him with the following:

"1. On 30th May 1998 at Paddington in the [S]tate of New South Wales, did murder Kris TOUMAZIS

2. On the 30th May 1998 at Paddington in the [S]tate of New South Wales, did maliciously wound Nicholas LAMBOS with intent thereby to do grievous bodily harm to the said Nicholas LAMBOS

3. On 30th May 1998 at Paddington in the [S]tate of New South Wales, did maliciously discharge loaded arms, namely a pistol with intent to do grievous bodily harm to Arthur Kazas

4. On the 30th of May 1998 at Paddington in the [S]tate of New South Wales, did threaten to use an offensive weapon namely a firearm, with intent to prevent or hinder the lawful apprehension of himself

5. Between the 18th August 2000 and 30th August 2000, at Sydney in the [S]tate of New South Wales, did conspire with Radwan Zraika to murder Khaled Hammoud"

3. This application relates only to count 5.

4. The first four offences occurred in Oxford Street, Paddington at around 3.00am on 30 May 1998. The applicant was arrested in relation to the first four offences on 30 January 1999 and refused bail. The fifth offence occurred while the applicant was in custody with respect to the other offences.

5. On 15 March 2002, Bell J sentenced the applicant as follows (R v Hamzy [2002] NSWSC 128):

* Count 1: 21 years imprisonment with a non-parole period of 15 years and 9 months commencing 15 March 2002, taking into account three Form 1 offences.

* Count 2: 5 years imprisonment commencing 15 March 2002.

* Count 3: 3 years imprisonment commencing 15 March 2002.

* Count 4: 3 years imprisonment commencing 15 March 2002.

* Count 5: 12 years imprisonment with a non-parole period of 6 years commencing 15 December 2017.

6. The applicant appealed to the Court of Criminal Appeal (CCA) against his convictions and the sentences imposed on him. His appeal was dismissed: R v Hamzy [2004] NSWCCA 243.

7. The applicant's alleged co-conspirator with respect to count 5, Radwan Zraika, was tried separately on a single count charging that he conspired with the applicant to murder Khaled Hammoud. Following a trial by jury conducted in October 2001, Mr Zraika was found not guilty of the offence and subsequently acquitted and discharged on 22 October 2001.

8. The applicant submits that there is a doubt or question as to his guilt. He contends that the jury's verdict in relation to count 5 is unsustainable as a matter of law because there could be no conspiracy between the applicant and Mr Zraika given Mr Zraika's acquittal.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1979a0868dc3ce31fb47132c)

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