R v Ahmadi [1999] NSWCCA 161

New South Wales Court of Criminal Appeal CITATION : R v Ahmadi [1999] NSWCCA 161 FILE NUMBER(S) : CCA 60615/97 HEARING DATE(S) : 23 June 1999 JUDGMENT DATE : 23 June 1999

PARTIES : Regina Ghulam Ahmadi (Appellant) JUDGMENT OF : Spigelman CJ at 32; Studdert J at 1; Adams J at 33

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 93/11/0882 LOWER COURT JUDICIAL OFFICER : Luland DCJ

COUNSEL : P.G. Berman (Crown) M. McColm (Appellant) SOLICITORS : C.K. Smith (Crown) Watsons (Appellant) CATCHWORDS : Criminal law; evidence; admissions; considerations of reliability and fairness; Evidence Act ss 85(2), 90. Drug Misuse and Trafficking Act ACTS CITED : Evidence Act Sentencing Act Crimes Act CASES CITED: House v The King [1936] 55 CLR 499 at 504 Lowe v The Queen [1984] 154 CLR 606 DECISION : Appeal against conviction dismissed; leave to appeal against sentence granted; appeal dismissed

IN THE COURT OF CRIMINAL APPEAL

60615/97

SPIGELMAN CJ STUDDERT J ADAMS J

Wednesday 23 June 1999

REGINA v Ghulam AHMADI

JUDGMENT

1 STUDDERT J: The appellant, Ghulam Ahmadi, was found guilty by a District Court jury of an offence under s 25(1) of the Drug Misuse and Trafficking Act, 1985 concerning the supply of heroin. He was sentenced in respect of this offence to a minimum term of two years eight months and an additional term of two years. He now appeals against his conviction and seeks leave to appeal against the severity of the sentence imposed. 2 The grounds of the appeal against conviction have been expressed as follows:

(1) The trial judge erred in admitting into evidence the conversations between the appellant and Det. Stephen York and Det. Peter Thurtell;