R v SELIM [2007] NSWSC 362

New South Wales Supreme Court

CITATION : R v SELIM [2007] NSWSC 362

HEARING DATE(S) : 12-16/04/07

JUDGMENT DATE : 18 April 2007

JUDGMENT OF : Fullerton J

DECISION : Verdicts directed in respect of both counts on the indictment.

CATCHWORDS : CRIMINAL LAW - Application for a directed verdict

Acts Interpretation Act 1901 (Cth) Crimes Act 1914 (Cth) LEGISLATION CITED : Criminal Appeal Act 1912 Criminal Code Act 1899 (Qld) Criminal Code Act 1995 (Cth) Law and Justice Amendment (Application of Criminal Code) Bill 2000 (Cth)

Beckwith v R (1976) 135 CLR 569 Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 CASES CITED : R v Ensbey; ex parte A-G (Qld) [2004] QCA 335 R v Selim [2007] NSWSC 322 Selim v Regina [2006] NSWCCA 378 The Queen v Lavender (2005) 222 CLR 67

PARTIES : James Selim (Acc) The Crown (Cth)

FILE NUMBER(S) : SC 2006/2744

COUNSEL : P Byrne SC/G Bashir/S Buchen (Acc) L P Robberds QC/R J Bromwich (Crown Cth)

SOLICITORS : Aitken McLachlan Thorpe (Acc) Commonwealth Director of Public Prosecutions (Crown)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

FULLERTON J

WEDNESDAY 18 APRIL 2007

2006/2744 R v SELIM

JUDGMENT HER HONOUR : 1 At the close of the Crown case Mr Byrne SC sought a directed verdict in respect of the first count on the indictment. That count charges that: On or about 30 January 2003 at Sydney in the State of New South Wales, knowing that Pan Pharmaceuticals Limited's computer data for the testing of a travel sickness medication known as Travacalm may be required in evidence in a judicial proceeding, did procure the conduct of another person, namely Karl Brooks, to intentionally destroy or render said data illegible or undecipherable or incapable of identification with intent thereby to prevent it from being used in evidence.