Korgbara v Regina [2007] NSWCCA 84

Reported Decision: 170 A Crim R 568 Appeal Outcome: Special leave application refused by the High Court - 31 August 2007

New South Wales Court of Criminal Appeal

CITATION: Korgbara v Regina [2007] NSWCCA 84 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 15 August 2006

JUDGMENT DATE: 30 March 2007

JUDGMENT OF: McColl JA at 1; Grove J at 111; James J at 121

DECISION: 1. Appeal against conviction dismissed; 2. Leave to appeal against the sentence granted, but appeal dismissed.

CATCHWORDS: CRIMINAL LAW AND PROCEDURE — voice comparison — tape recording of accused speaking English — tape recordings of persons discussing crime in foreign language — foreign language accused's native tongue — accused gave evidence — whether jury could compare voice of accused with voices on tapes to determine if he was one of those speaking on the foreign language tapes — whether open to jury to compare a voice speaking a foreign language with a voice speaking English in the absence of expert evidence - SENTENCE — accused convicted of being knowingly concerned in importation into Australia of cocaine equivalent to 102.5 grams pure — sentenced to nine years imprisonment with a non parole period of five years and five months — accused arrested before repeal of s 16G of the Crimes Act 1914 (Cth) but tried and sentenced after repeal — whether sentence should reflect pre-repeal regime — whether trial judge gave any, or any adequate weight, to fact accused attacked in gaol and to delay in Crown bringing the matter to trial — whether sentence manifestly excessive.

Evidence Act 1995 LEGISLATION CITED: Crimes Act 1914 (Cth) Customs Act 1901 (Cth)