Regina v Pulham [1999] NSWCCA 202

New South Wales Court of Criminal Appeal CITATION : Regina v Pulham [1999] NSWCCA 202 revised - 11/08/99 FILE NUMBER(S) : CCA 60542/98 HEARING DATE(S) : 2 July 1999 (Orders made) JUDGMENT DATE : 29 July 1999

PARTIES : Regina v Mark Stephen Pulham JUDGMENT OF : Grove J at 1; Abadee J at 2; Smart AJ at 3

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/11/0745 LOWER COURT JUDICIAL OFFICER : Graham DCJ

COUNSEL : Crown: Mr M Ierace & Mr R J Bromwich Appellant: Mr J. V Agius SOLICITORS : Crown: Commonwealth DPP Appellant: Murphy's Lawyers CATCHWORDS : Drug importation; Insufficient evidence that appellant "knowingly concerned" and strong defence evidence; Jury verdict constituted miscarriage of justice ACTS CITED : Nil CASES CITED: Nil DECISION : Appeal allowed; Conviction quashed; Verdict of acquittal entered.

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IN THE COURT OF CRIMINAL APPEAL 60542/98

GROVE J ABADEE J SMART AJ Thursday, 29 July 1999

REGINA v MARK STEPHEN PULHAM HEADNOTE

A parcel containing ecstacy tablets was posted from North London Addressed to DR at an address in Elizabeth Bay of which DR was the tenant about 4 years previously. The parcel became the subject of a controlled delivery. The present tenant took the parcel to the appellant. There was no evidence that either the present tenant or the appellant knew what was in the parcel. The appellant was charged with being knowingly concerned in the importation of narcotic goods.

HELD:

The Crown case was non-existent or at best "wafer thin". The evidence was insufficient to sustain conviction. There was a strong defence case. The jury should have had a reasonable doubt. The Crown did.