Boutros v R [2015] NSWCCA 171

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Boutros v R [2015] NSWCCA 171 Hearing dates: 18 March 2015 Decision date: 29 June 2015 Before: Simpson JA at [1]; Rothman J at [68]; Bellew J at [69] Decision: Appeal against conviction dismissed. Catchwords: APPEAL - conviction - attempt to possess a marketable quantity of a border controlled drug, cocaine - Criminal Code (Cth), s 11.1 and s 307.6 - whether trial judge left to the jury a factual basis for conviction different to that alleged by Crown - no change of direction in Crown case - ground based on a false premise

APPEAL - conviction - whether verdict unreasonable and not supported by evidence - open to the jury to convict the appellant - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 7 Criminal Code (Cth), s 11.1, s 307.6 Evidence Act 1995 (NSW), s 184, s 191 Surveillance Devices Act 2007 (NSW) Telecommunications (Interception and Access) Act 1979 (Cth) Cases Cited: Black v The Queen [1993] HCA 71; 179 CLR 44 Category: Principal judgment Parties: Charbel Boutros (Appellant) Regina (Respondent) Representation: Counsel: G James QC/B Clark (Appellant) T Anderson (Respondent)

Solicitors: Katsoolis & Co (Appellant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2012/237828 Decision under appeal Court or tribunal: District Court Date of Decision: 07 March 2014 Before: Berman DCJ File Number(s): 2012/237828