NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Vergara [2001] NSWCCA 24 FILE NUMBER(S) : CCA 60408/99 HEARING DATE(S) : 16 February 2001 JUDGMENT DATE : 23 March 2001
PARTIES : The Crown Brandon Lee Vergara (Appl) JUDGMENT OF : Wood CJ at CL at 1; McClellan J at 2; Smart AJ at 18
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL Morgan DCJ OFFICER :
COUNSEL : R F Sutherland (Crown) P Zara SC (Appl) SOLICITORS : Commonwealth Director of Public Prosecutions Hovan & Co ( Appl) CATCHWORDS : CRIMINAL LAW - Customs Act 1901 s 233B(1)(b) - not less than the trafficable quantity of cocaine - directions to the trial jury regarding knowledge - intent - whether actual knowledge of possession of drugs was required or whether it was sufficient if the Crown proved that the appellant was aware there was a significant or real chance that he was in possession of the drugs LEGISLATION CITED : Customs Act 1901 s 233B(1)(b) Pereira v Director of Public Prosecutions (1988) 63 ALJR 1 He Kaw Teh v The Queen (1985) 157 CLR 523 CASES CITED: Kural v The Queen (1987) 162 CLR 502 Margaret Greatorex (1994) 74 A Crim R 496 R v Karam (1995) 83 A Crim R 416 R v Yee Kam Lau, unreported, Court of Criminal Appeal, 2 December 1998 DECISION : Appeal dismissed
IN THE COURT OF
CRIMINAL APPEAL
No. 60408/99
WOOD CJ at CL McCLELLAN J SMART AJ
FRIDAY, 23 MARCH 2001
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