Shah v R [2024] NSWCCA 113

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shah v R [2024] NSWCCA 113 Hearing dates: 15 March 2024 Decision date: 08 July 2024 Before: Stern JA at [1] Rothman J at [2]; Button J at [3] Decision: (1) Leave to appeal out of time granted. (2) Appeal dismissed. Catchwords: CRIME – appeals – appeal against conviction – attempt to possess marketable quantity of border controlled drug – where appellant attempted to gain possession of consignment sent from the Republic of South Africa – parcel interior lined with cocaine – consignee name slightly different from that of the appellant – addressed to apartment block resided in by the appellant but different unit number – earlier uncharged consignment sent from the Republic of South Africa using same altered name and incorrect unit number admitted as coincidence evidence – whether miscarriage of justice occasioned by decision to admit coincidence evidence – where proceedings commenced prior to statutory test being amended – whether probative value "substantially outweighs" prejudicial effect – evidence correctly admitted – appeal dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5(1)(a) Criminal Code 1995 (Cth) ss 11.1(1), 307.6(1) Evidence Act 1995 (NSW) ss 98, 101; sch 2 pt 6 cl 28 Cases Cited: R v Bauer (A Pseudonym) (2018) 266 CLR 56; [2018] HCA 40 R v Gale; R v Duckworth (2012) 217 A Crim R 487; [2012] NSWCCA 174 R v Shah (No 1) [2022] NSWDC 707 R v Zhang (2005) 158 A Crim R 504; [2005] NSWCCA 437 Stephens v R (2022) 273 CLR 635; [2022] HCA 31 Su v R [2023] NSWCCA 21 Category: Principal judgment Parties: Abdul Malik Shah (Appellant) Rex (Respondent) Representation: Counsel: Mr A Chhabra with Mr W Bruffey (Appellant) Ms G Wright SC with Ms G Marsden (Respondent)