Alomalu v R [2012] NSWCCA 255

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alomalu v R [2012] NSWCCA 255 Hearing dates: 4 October 2012 Decision date: 26 November 2012 Before: McClellan CJ at CL at [1] Rothman J at [83] Adamson J at [84] Decision: 1. The appeal is allowed and the conviction is quashed. 2. Order the entry of a verdict of acquittal. Catchwords: CRIMINAL LAW - appeal - conviction - appellant convicted of aggravated people smuggling -whether trial judge erred in refusing to direct jury regarding evidence given by appellant on essential element of Crown case - where appellant and key prosecution witness gave conflicting accounts - whether principle in Robinson v The Queen [1991] HCA 38; (1991) 180 CLR 531 was breached - whether direction in Liberato v The Queen [1985] HCA 66; (1985) 159 CLR 507 - principle in Robinson not breached - Liberato direction not required - appeal dismissed.

CRIMINAL LAW - appeal - whether verdict unreasonable and unsupported by evidence - where no evidence capable of showing appellant knew Ashmore Reef was part of Australia - where evidence gives rise to reasonable doubt that jury should have had - where jury advantage in seeing and hearing evidence not capable of resolving doubt - verdict unreasonable - appeal upheld.

CRIMINAL LAW - appeal - conviction - whether trial judge erred in not giving direction that accused intended to take passengers to Australia or that appellant knew Ashmore Reef was part of Australia - where central issue in trial not properly identified. Legislation Cited: Migration Act 1958 (Cth) Criminal Appeal Act 1912 Cases Cited: Bahar v R [2011] WASCA 249; (2011) 214 A Crim R 417 Latham v R [2000] WASCA 57 Liberato v The Queen [1985] HCA 66; (1985) 159 CLR 507 PJ v R [2012] VSCA 146 R v Smith [2000] NSWCCA 468 Robinson v The Queen [1991] HCA 38; (1991) 180 CLR 531 Short v R [2000] NSWCCA 462 SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400 Sunada v R; Jaru v R [2012] NSWCCA 187 Category: Principal judgment Parties: Sakarias Alomalu (Appellant) Crown Representation: Counsel: S Corish (Appellant) P Neil SC (Crown) Solicitors: Purcell Felton Lawyers (Appellant) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2011/137027 Decision under appeal Date of Decision: 2011-11-24 00:00:00 Before: Taylor ADCJ File Number(s): 2011/137027