Zamudin v R [2013] NSWCCA 120

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Zamudin v R [2013] NSWCCA 120 Hearing dates: 30 April 2013 Decision date: 22 May 2013 Before: Macfarlan JA at [1] Campbell J at [41] Barr AJ at [56] Decision: (1) Leave to appeal granted. (2) Appeal allowed. (3) Conviction quashed. (4) Verdict of acquittal entered. Catchwords: CRIMINAL LAW - Indonesian crewman on fishing vessel carrying 97 asylum seekers to Christmas Island convicted of people smuggling offence under s 233C(1) Migration Act 1958 (Cth) - whether Crown proved beyond reasonable doubt that applicant knew vessel or its passengers were destined for Australia - Crown bound by limited case run at trial - applicant gave evidence that told by those who engaged him not to ask where the vessel was going - relevance of lies by applicant - guilt not proved beyond reasonable doubt - conviction quashed Legislation Cited: Criminal Appeal Act 1912 Migration Act 1958 (Cth) Cases Cited: Alomalu v R [2012] NSWCCA 255 Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 Dhanhoa v The Queen [2003] HCA 40; 217 CLR 1 Edwards v The Queen [1993] HCA 63; 178 CLR 193 Fonseka v The Queen [2003] WASCA 111; 140 A Crim R 395 M v The Queen [1994] HCA 63; 181 CLR 487 Pereira v Director of Public Prosecutions [1988] HCA 57; 63 ALJR 1 R v Anderson [2001] NSWCCA 488; 127 A Crim R 116 R v Hillier [2007] HCA 13; 228 CLR 618 R v Razak [2012] QCA 244 Sunada v R [2012] NSWCCA 187 SKA v The Queen [2011] HCA 13; 243 CLR 400 Zolmin v R [2012] QCA 355 Zoneff v The Queen [2000] HCA 28; 200 CLR 234 Category: Principal judgment Parties: Ardi Zam Zamudin (Applicant) Regina (Respondent) Representation: Counsel: G Brady (Applicant) M McHugh SC/C Lee (Respondent) Solicitors: Nyman Gibson Stewart (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2011/95028 Decision under appeal Jurisdiction: 9101 Citation: R v Ardi Zam Zamudin Date of Decision: 2012-03-21 00:00:00 Before: King DCJ File Number(s): 2011/95028