R v Abdollahi (No 10)

Judgment

1. [1]

   HIS HONOUR: We are now at a point in this trial where the Crown case has concluded, I have dealt with applications for directed verdicts for some accused, defences cases have been presented, and we are part of the way through hearing defence counsels' closing addresses. Mr Little, counsel for the accused Shahsawari, now makes an application for a directed verdict in respect of his client.

2. [2]

   The jury are waiting patiently in the jury room for the continuation of the address by counsel for another accused. It is Easter Thursday and we are only sitting until 1:00pm. For those reasons, whilst I have carefully considered what has been put by Mr Little. I propose to give my reasons for refusing the application quite briefly.

3. [3]

   Taking the Crown case at its highest, in accordance with well-accepted principles in this area, Mr Little has extracted in written submissions a passage of evidence given by Ms Bishop appearing in the transcript at pages 900 and 902. In my view that evidence has to be considered together with evidence given by Ms Bishop at pages 871 to 872 and pages 874 and 875. In my view, whilst it cannot be said that the Crown case in respect of the accused Shahsawari is a strong one, there is just enough to make out the elements of the offences charged.

4. [4]

   In my view there is sufficient evidence for the matter to be considered by the jury. What they make of it is beside the point. The application is refused.