SUNADA v R; JARU v R [2012] NSWCCA 187

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SUNADA v R; JARU v R [2012] NSWCCA 187 Hearing dates: 27 August 2012 Decision date: 27 August 2012 Before: Macfarlan JA; Price J; McCallum J Decision: The Court orders that the convictions of the appellants of offences under s 232A(1) of the Migration Act 1958 at the trial concluding on 23 September 2011 be quashed and that verdicts of acquittal of the appellants be entered in relation to the charges of those offences Catchwords: CRIMINAL LAW - appeals against conviction and sentence - offence of aggravated people smuggling (at least five persons) - elements of offence - whether trial judge erred in directing jury that prosecution need not prove that appellants knew intended destination was part of Australia - whether miscarriage of justice - whether order for re-trial appropriate - Migration Act 1958 (Cth) ss 232A, 233C Legislation Cited: Migration Act 1958 (Cth) Cases Cited: Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; 177 CLR 485 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; 230 CLR 89 PJ v R [2012] VSCA 146 Category: Principal judgment Parties: Ilham Sunada and Basir Jaru (Appellants) Crown (Respondent) Representation: Counsel: H Dhanji SC (Appellant - Sunada) K H Averre (Appellant - Jaru) P W Neil SC/P McEniery (Respondent) Solicitors: Purcell Felton Lawyers (Appellant - Sunada) Watsons (Appellant - Jaru) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): CCA 2010/393959 Decision under appeal Citation: R v Ilham Sunada; R v Basir Jaru Date of Decision: 2011-09-27 00:00:00 Before: Madgwick ADCJ File Number(s): 2010/393959, 2010/393980