Federal Court of Australia
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SIE ° ,
CATCHWORDS
Criminal law - Appeal - Possession of heroin for purpose of supply - Poisons and Narcotic Drugs Ordinance 1978 (A.C.T.) - Deemed possession for purpose of supply (s.4(4)) - Evidence of possession by another person of diluted heroin
from same batch as that 1n possession of accused - Whether
evidence admissible to show purpose for which accused had
heroin in possession - Whether verdict unsafe - Failure of prosecution to call that other person ~ Whether trial rendered unsatisfactory thereby - Whether sentence imposed adequate.
Bell v. R. (1985) 63 A.L.R. 433
Peacock v. R. (1911) 13 C.L.R. 619 Chamberlain v. R. (1983-4) 153 C.L.R. 521 R. V. Apostilides (1984) 154 C.L.R. 563
R. Vv. Tait and Bartley (1979) 24 A.L.R. 473
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
THE QUEEN v. WILLIAM SUEN
No. ACT G21 of 1986
Kelly, Neaves and Spender JJ
2 June 1987
Canberra
Sy .
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G21 of 1986 DISTRICT REGISTRY
wee SSS SS
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE QUEEN
Appellant - Cross-respondent
AND: WILLIAM SUEN
Respondent —- Cross-appellant
MINUTE OF ORDER
JUDGES MAKING ORDER : Kelly, Neaves and Spender JJ DATE OF ORDER : 2 June 1987
WHERE MADE : Canberra
THE COURT ORDERS THAT: 1. The appeal be allowed.
2. There be substituted for the sentence of 8 years imprisonment to date from 9 April 1986 with a non-parole period of 4 years commencing from that date a sentence of 13 years imprisonment to date from 9 April 1986.
3. A non-parole period expiring on 8 April 1993 be fixed.
4. The cross-appeal be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
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