Mac v R [2014] NSWCCA 24

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mac v R [2014] NSWCCA 24 Hearing dates: 6 February 2014 Decision date: 14 March 2014 Before: Basten JA at [1]; Hidden J at [5]; RS Hulme AJ at [55] Decision: Appeal against conviction dismissed, application for leave to appeal against sentence refused Catchwords: CRIMINAL LAW - attempt to import marketable quantity of heroin, dealing with money the proceeds of crime (C'th) - supply large commercial quantities of heroin, methylamphetamine (NSW) - appeal against conviction - joint trial of counts - whether evidence cross-admissible - whether defences prejudiced Legislation Cited: Criminal Code Act 1995 (C'th), ss 11.2, 307.2, 400.4 Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 29 Judiciary Act 1903 (C'th), s 68 Criminal Procedure Act 1986 (NSW), ss 21, 29 Evidence Act 1995 (NSW), ss 97, 101, 137 Cases Cited: R v Quach [2002] NSWCCA 519; 137 A Crim R 345 Harriman v The Queen (1989) 167 CLR 590 Sutton v The Queen (1983-4) 152 CLR 528 R v Carey (1990) 20 NSWLR 292 Category: Principal judgment Parties: Tien Ly Mac (Appellant) Regina (Respondent) Representation: Counsel: BD Brassil (Appellant) TD Anderson (Respondent) Solicitors: Greenfield Lawyers (Appellant) Solicitor for the Director of Public Prosecutions (C'th) (Respondent) File Number(s): 2010/377787 & 2011/5615 Decision under appeal Jurisdiction: 9101 Before: Sweeney DCJ File Number(s): 2010/377787 & 2011/5615