Bin Radimin v R; Bin Zakhria v R [2013] NSWCCA 220

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bin Radimin v R; Bin Zakhria v R [2013] NSWCCA 220 Hearing dates: 7 June 2013 Decision date: 03 October 2013 Before: Hoeben CJ at CL at [1] Hidden J at [106] Fullerton J at [107] Decision: In relation to Grounds 1 and 2, grant leave to appeal but dismiss the appeal. In relation to Ground 3 raised by the applicant, Agus Bin Radimin, leave to appeal refused. Catchwords: CRIMINAL LAW - conviction appeal - people smuggling - s233C Migration Act - appellants were crew on boat bound for Australia/Ashmore Reef from Indonesia with twenty three passengers - trial judge directed that the necessary intention was facilitating the bringing of people to Australia - whether necessary to establish that the immediate destination was part of Australia or only that the ultimate destination was Australia - mention of a particular destination does not create an additional element of offence - evidence established knowledge that ultimate destination was Australia - no misdirection - whether trial miscarried because summing up by a trial judge was unbalanced and unfair - extent to which trial judge required to set out each particular challenge to the evidence of each passenger - summary of evidence comprehensive - summing up not favouring either side - no objection to summing up made at trial - ground of appeal not made out - APPEAL AGAINST SENTENCE - whether sentence manifestly excessive - mandatory minimum head sentence and minimum non-parole period - no error identified - leave to appeal refused. Legislation Cited: Migration Act 1958 - s233C Cases Cited: Alomalu v R [2012] NSWCCA 255 Bahar v R [2011] 255 FLR 80 Domican v R [1992] HCA 13; 173 CLR 555 Healey v Regina [2006] NSWCCA 235 Huynh v The Queen [2013] HCA 6; 295 ALR 624 Karim & Ors v R [2013] NSWCCA 23 R v Karabi [2012] QCA 47 R v Latif; Ex parte CEPPP, [2012] QCA 278 R v Nitu [2012] QCA 224 R v Selu; Ex parte CDPP [2012] QCA 345 Sunada v R; Jaru v R [2012] NSWCCA 187 Taru Ali v R [2013] NSWCCA 211 The Queen v Ahmad [2012] NTCCA 1; 256 FLR 423 Vuni v R [2006] NSWCCA 171 Williams v R (1990) 50 A Crim R 213 Zamudin v R [2013] NSWCCA 120 Category: Principal judgment Parties: Agus Bin Radimin - Applicant Sahdan Effendi Bin Zakhria - Applicant Regina - Respondent Crown Representation: Counsel: Mr P Boulten SC - Applicant Radimin Mr S Corish - Applicant Zakhria Ms W Abrahams QC - Respondent Crown Solicitors: File Number(s): 2011/106459 2011/106460 Decision under appeal Before: Charteris DCJ File Number(s): 2011/106459 2011/106460