Regina v Muri Junior Balogun [2004] NSWCCA 72

New South Wales Court of Criminal Appeal

CITATION : Regina v Muri Junior Balogun [2004] NSWCCA 72 HEARING DATE(S) : 9 February 2004 JUDGMENT DATE : 26 March 2004

JUDGMENT OF : Sully J at 1; James J at 31; Hulme J at 32 DECISION : Appeal against conviction dismissed; Leave granted to appeal against sentence; Appeal against sentence dismissed

Customs Act 1901 (C'th) LEGISLATION CITED : Evidence Act 1995 (NSW) Crimes Act 1914 (C'th) Domican v The Queen (1992) 173 CLR 555 CASES CITED : Festa v The Queen (2001) 208 CLR 593 Reg v Coe [2002] NSWCCA 385 PARTIES : Regina Muri Junior Balogun FILE NUMBER(S) : CCA 60395/03 COUNSEL : M. Cinque - Crown M. Bozic SC - Appellant SOLICITORS : Commonwealth Director of Public Prosecutions - Crown Legal Aid Commission of NSW - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0496 FILE NUMBER(S) : LOWER COURT Holt ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60395/03

SULLY J JAMES J HULME J

26 March 2004 REGINA v MURI JUNIOR BALOGUN Judgment 1 SULLY J: The appellant, Mr. Balogun, stood trial in the District Court in November 2002 before his Honour Acting Judge Holt QC and a jury. The appellant was charged with having attempted, without reasonable excuse, to have in his possession a prohibited import, namely, a quantity of 3,4-Methylenedioxymethylamphetamine, ("MDMA"), being not less than the commercial quantity, which had been imported into Australia in contravention of the Customs Act 1901 (C'th). Such an offence contravenes section 233B(1)(c) of the Customs Act; and it attracts upon conviction a statutory maximum penalty of, relevantly, imprisonment for life. 2 The appellant was found guilty as charged; and he was subsequently sentenced to imprisonment for 8 years with a non-parole period of 5 years. He appeals against his conviction and applies for leave to appeal against his sentence.