Campbell v R [2008] NSWCCA 214

Reported Decision: [2009] ALMD 5190; 228 FLR 47; [2009] ALMD 5216; 73 NSWLR 272; 188 A Crim R 1 Appeal Outcome: Special leave dismissed with costs (s465/2008) 13 March 2009

New South Wales Court of Criminal Appeal

CITATION: Campbell v R [2008] NSWCCA 214

HEARING DATE(S): 24 July 2008

JUDGMENT DATE: 16 September 2008

JUDGMENT OF: Spigelman CJ at 1; Weinberg AJA at 136; Simpson J at 183

DECISION: 1 Conviction appeal allowed. 2 Remit the matter for a new trial.

CATCHWORDS: CRIMINAL LAW – Drug offences – Importation of commercial quantity of a border controlled precursor - CRIMINAL LAW – Drug offences – Being knowingly concerned in the importation of a prohibited import - WORDS & PHRASES – "imports" – Criminal Code Act 1995 (Cth), s 307.11(1)

Acts Interpretation Act 1901 (Cth) Alcoholic Liquor Duties Act 1979 (c 4) (UK) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Customs Act 1901 (Cth) Customs and Excise Act 1996 (NZ) Customs (Prohibited Imports) Regulations 1956 (Cth) Fair Trading Act 1973 (c 41) (UK) Financial Services and Market Act 2000 (c 8) (UK) LEGISLATION CITED: Foreign Enlistment Act 1870 (c 90) (UK) Immigration Act 1971 (c 77) (UK) Imports and Exports (Restrictions) Act 1988 (NZ) Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (Cth) Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 (Cth) Management Act 1979 (c 2) (UK) Secret Commissions Act 1910 (NZ) Tax Credits Act 2002 (c 21) (UK) Trade Practices Act 1974 (Cth) Value Added Tax Act 1994 (c 23) (UK)