R v CAMPBELL, CAMPBELL & BAKA (No 2) [2007] NSWDC 168

New South Wales District Court

CITATION: R v CAMPBELL, CAMPBELL & BAKA (No 2) [2007] NSWDC 168

JUDGMENT DATE: 7 August 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Directed verdict of acquittal in the cases of Mr Simon Phillip Campbell and Mr Judha Suryadhana Baka

CATCHWORDS: Criminal law - Aiders and Abettors - Special Liability Provision - Reversal of Onus of Proof

LEGISLATION CITED: Criminal Code Act (Cth) 1995

Crown PARTIES: Belinda Mary Campbell Simon Phillip Campbell Judha Suryadhana Baka

FILE NUMBER(S): 07/11/0371; 07/11/0378

D Jordan - Crown COUNSEL: R Bromwich - B M Campbell & S P Campbell N Steel - Baka

Commonwealth DPP SOLICITORS: Giddy & Crittenden - B M Campbell & S P Campbell Legal Aid Commission - Baka

JUDGMENT

Introduction

1 HIS HONOUR: At the close of the Crown case against all three accused applications were made on behalf of two of them that I direct verdicts of acquittal. It was said on behalf of both Mr Campbell and Mr Baka that, taking the Crown case at its highest, the Crown could not prove an essential element of the offences with which they had been charged. The applications were based on submissions regarding the presumption to be found in s307.14 Criminal Code Act (Cth) 1995 (the Code). The jury in this matter are to return to court at 2.00 p.m. today and so I will give judgment immediately in order that the jurors' journeys have not been wasted.

2 Ordinarily there would be two distinct phases to the consideration of this matter. The first concerns a finding of law as to whether the Crown is entitled to take advantage of the presumption where, as here, the two relevant accused are charged as aiders and abettors. The second phase is whether, even if the Crown is not so entitled, these cases are fit to go to the jury.