NSW Caselaw
Reported Decision : (2002) 129 A Crim R 279
New South Wales Court of Criminal Appeal
CITATION : R v Soto-Sanchez [2002] NSWCCA 160 FILE NUMBER(S) : CCA 60225/01 HEARING DATE(S) : 19 April 2002 JUDGMENT DATE : 10 May 2002
PARTIES : Ferney Soto-Sanchez (Appellant) Regina (Crown) JUDGMENT OF : Stein JA at 1; Sully J at 40; Smart AJ at 41
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0567 LOWER COURT JUDICIAL Woods ADCJ OFFICER :
COUNSEL : P R Boulten (Appellant) M M Cinque (Crown) SOLICITORS : R F Bergagnin (Appellant) Commonwealth Director of Public Prosecutions (Crown) CATCHWORDS : CRIMINAL LAW - possession of prohibited imports - Customs Act 1901, s 233B - appeal against conviction - leave to appeal against sentence - whether trial miscarried - directions to jury - onus and standard of proof - evidence of good character - direction on character - cross-examination of accused without leave - offensive cross-examination of accused - D Customs Act 1901, s 233B LEGISLATION CITED : Criminal Appeal Rules, r 4 Evidence Act, s 41, s 112, s 137, s 192 Mraz v The Queen (1955) 93 CLR 493 CASES CITED: The Queen v Chai [2002] HCA 12 (14 March 2002) R v Stanoevski (2001) 202 CLR 115 R v Wilde (1998) 164 CLR 365 DECISION : 1) Appeal allowed 2) Conviction of appellant quashed 3) New trial ordered.
IN THE COURT OF CRIMINAL APPEAL 60225/01
STEIN JA SULLY J SMART AJ
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