Harriman v The Queen [1989] HCA 50

High Court of Australia Brennan, Dawson, Toohey, Gaudron and McHugh JJ. Harriman v The Queen [1989] HCA 50

ORDER Application for special leave to appeal granted. Appeal dismissed.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 9 Brennan J.

This is an application for special leave to appeal from a judgment of the Court of Criminal Appeal of Western Australia, dismissing an appeal by the applicant against conviction on five counts of being knowingly concerned in the importation of heroin contrary to the provisions of s. 233B(1)(d) of the Customs Act 1901 Cth. The heroin had been posted by one Martin from London in April 1987 in five parcels addressed to five separate addressees in Western Australia. The importation of heroin by Martin was not in dispute; what was in dispute was whether the applicant, Harriman, had been knowingly concerned in that importation. The application raises for consideration the admissibility of evidence that Harriman had been involved in the sale and use of heroin during the latter months of 1986 or the early months of 1987.

Martin and Harriman were the principal shareholders and directors of a mining company which was being pressed by its creditors. According to Martin, who was the principal prosecution witness, the importation of heroin was resolved upon by Harriman and himself as the means of relieving the company's financial situation. It was common ground that in March 1987 Harriman went to Thailand, that in April 1987 Martin travelled to Bangkok where he met Harriman by arrangement, that the two of them travelled together to Chiang Mai by bus overnight and returned by air to Bangkok on the next evening, and that Martin left for London whence he posted the heroin to Australia. Martin said he obtained possession of the heroin during this brief visit to Chiang Mai. If Martin was to be believed, Harriman had arranged for a quantity of heroin to be available for collection in Chiang Mai, arranged for a man to deliver five packets of heroin to Martin in a room in a residential in Chiang Mai (no payment being made by or sought from Martin), assisted Martin to break up the heroin into five separate amounts concealed in drawing sets and instructed Martin to take the heroin to England from where it was to be posted to the addresses in Western Australia, two of which had been provided by Harriman.