NSW Caselaw
Reported Decision : 109 A Crim R 193
New South Wales Court of Criminal Appeal CITATION : REGINA v TAMOTSU [1999] NSWCCA 400 revised - 27/06/2000 FILE NUMBER(S) : CCA 60161/98 HEARING DATE(S) : 26 November 1999 JUDGMENT DATE : 26 November 1999
PARTIES : Sekine Tamotsu (Appellant) Regina (Respondent) JUDGMENT OF : Spigelman CJ at 1; Dunford J at 46; Hidden J at 47
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/11/0340 LOWER COURT JUDICIAL OFFICER : Stewart ADCJ
COUNSEL : Paul Byrne SC (Appellant) G J Bellew (Respondent) SOLICITORS : Legal Aid Commission (Appellant) Commonwealth Director of Public Prosecutions (Respondent) CATCHWORDS : CRIMINAL LAW - Insufficient evidence of elements of offence ; EVIDENCE - Evidence Act 1995, s98 - probative value of coincidence evidence outweights prejudice; SENTENCE - Customs Act 1901, s233B - appropriate sentence; SENTENCE - parity with co-offender. Customs Act 1901 (Cth) ACTS CITED : Crimes Act 1914 (Cth) Evidence Act 1995 CASES CITED: R v Sugahara and Watanabe (NSWCCA, 16 October 1998, unreported)) DECISION : Appeal against conviction dismissed; Appeal against sentence allowed; Appellant re-sentenced, on the first count to seven years imprisonment commencing on 17 January 1997 and on the second count to ten years and three months imprisonment commencing on the same date, with a non-parole period of six years and three months.
IN THE COURT OF
CRIMINAL APPEAL
60161/98
SPIGELMAN CJ DUNFORD J HIDDEN J
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