SITU v R [2008] NSWCCA 161

New South Wales Court of Criminal Appeal

CITATION: SITU v R [2008] NSWCCA 161

HEARING DATE(S): 3 April 2008

JUDGMENT DATE: 14 July 2008

JUDGMENT OF: McClellan CJ at CL at 1; James J at 48; Hoeben J at 49

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW - appeal against conviction - attempt to possess trafficable quantity of methylamphetamine - whether trial judge erred in failing to direct verdict of acquittal - whether act was merely preparatory - whether trial judge erred in directions regarding control of property - whether jury verdict unreasonable

LEGISLATION CITED: Customs Act 1901 Criminal Code (Cth)

CATEGORY: Principal judgment

PARTIES: Xue Zhong Situ (Appellant) The Crown (Commonwealth)

FILE NUMBER(S): CCA 2007/2799

COUNSEL: P Byrne SC (Appellant) M Bracks (Crown - Cth)

SOLICITORS: Ren Zhou Lawyers (Appellant) Commonwealth Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/11/0927

LOWER COURT JUDICIAL OFFICER: Murrell DCJ

LOWER COURT DATE OF DECISION: 9 February 2007

IN THE COURT OF CRIMINAL APPEAL CCA 2007/2799

McCLELLAN CJ at CL JAMES J HOEBEN J

MONDAY 14 JULY 2008 SITU, Xue Zhong v R Judgment 1 McCLELLAN CJ at CL: The appellant was convicted following a trial by jury of one count under s 233B(1)(a)(iv) of the Customs Act 1901 and s 11.1 of the Criminal Code (Cth) being that, between about 28 and 30 September 2004, he attempted to possess goods that had been imported into Australia in contravention of the Customs Act, namely a trafficable quantity of methylamphetamine. He was sentenced to imprisonment for a term of 7 years with a non-parole period of 4 years.