NSW Caselaw
Reported Decision : 158 A Crim R 504
New South Wales Court of Criminal Appeal
R v Anna Zhang [2005] NSWCCA 437 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 16 September 2005
JUDGMENT DATE: 14 December 2005
JUDGMENT OF: Basten JA at 1; Simpson J at 73; Buddin J at 187
DECISION: Appeal against convictions dismissed; Leave granted to appeal against sentences, appeals dismissed.
CATCHWORDS: EVIDENCE – s98 and s101 of the Evidence Act 1995 (NSW) – coincidence evidence – attempted importation of narcotics – possession of narcotics – whether evidence of importation admissible in relation to the count of possession and vice versa – whether two or more related events established under s98 – consideration of 'related events' – whether the evidence had significant probative value – whether substantial miscarriage of justice occasioned - EVIDENCE – standard of proof – whether reference in trial judge's summing up to 'it was likely that she knew' undermined the standard of proof of beyond reasonable doubt
Criminal Appeal Act 1912 s6 Criminal Appeal Rules (NSW) Rule 4 LEGISLATION CITED: Criminal Procedure Act 1986 s29(1), 29(3) Customs Act 1901 (Cth) Evidence Act 1995 s95, s 97, s98(1), s101(2), s136
Bartho v The Queen (1978) ALR 418; 52 ALJR 520 Dinsdale v The Queen [2000] HCA 54; 202 CLR 321 Ellis v The Queen [2004] HCA Trans 488 He Kaw Teh v The Queen [1985] HCA 43; 157 CLR 523 House v The King [1936] HCA 40; 55 CLR 499 KRM v The Queen [2001] HCA 11; 206 CLR 221 Kural v The Queen [1987] HCA 16; 162 CLR 502 McAuliffe v The Queen [1995] HCA 37; 183 CLR 108 CASES CITED: Papakosmas v The Queen [1999] HCA 37; 196 CLR 297 Pereira v The Director of Public Prosecutions [1988] HCA 57; 63 ALJR 1 R v Ellis [2003] NSWCCA 319; 58 NSWLR 700 R v Fletcher [2005] NSWCCA 338 R v Lockyer (1996) 89 A Crim R 457 R v Matthews; R v Williams [2004] NSWCCA 259 R v Nassif [2004] NSWCCA 433 Saad v The Queen [1987] HCA 14; 61 ALJR 243
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