Bingul v Regina [2009] NSWCCA 239

New South Wales Court of Criminal Appeal

CITATION: Bingul v Regina [2009] NSWCCA 239

HEARING DATE(S): 10 June 2009

JUDGMENT DATE: 18 September 2009

JUDGMENT OF: Allsop P at 1; Price J at 80; Harrison J at 81

1. Appeal against conviction dismissed. DECISION: 2. Leave to appeal against sentence granted. 3. Appeal against sentence dismissed.

CATCHWORDS: EVIDENCE - admissibility and relevancy – tendency evidence – global objection to tendency evidence on basis of prejudice– no requirement that trial judge examine each piece of evidence individually when counsel did not deal with the objection in that fashion - EVIDENCE - admissibility and relevancy – tendency evidence – jury directions – adequacy of directions of what use could be made of tendency evidence – adequacy of directions in relation to other criminal activity and bad character - CRIMINAL LAW – appeal against sentencing – factors against leniency - Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A – effect of offences committed after offence under sentencing – drug offences - totals accumulated to get to commercial quantity from separate supplies – whether sentence manifestly excessive – leave to appeal granted – appeal dismissed - Crime (Sentencing Procedure) Act 1999 (NSW) – s 21A - Evidence Act 1995 (NSW) – s 97 – s 101

Crimes (Sentencing Procedure) Act 1999 (NSW) LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (NSW)

CATEGORY: Principal judgment

B v The Queen [1992] HCA 68; 175 CLR 599 BRS v The Queen [1977] HCA 47; 191 CLR 275 Bull v The Queen [2000] HCA 24; 201 CLR 443 Donnini v The Queen [1972] HCA 71; 128 CLR 114 Hutton v R [2008] NSWCCA 99 R v AMT [2005] NSWCCA 151 CASES CITED : R v Boney (unreported 22 July 1991 NSW Court of Criminal Appeal) R v Chin [2003] NSWCCA 267 R v Hamzy (1994) 74 A Crim R 341 R v Hutchins (1958) 75 WN (NSW) 75 R v Kennedy (unreported 29 May 1990 NSW Court of Criminal Appeal) R v MAK and MSK [2006] NSWCA 381; 167 A Crim R 159 R v RN [2005] NSWCCA 413