Yazdani v R [2016] NSWCCA 194

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Yazdani v R [2016] NSWCCA 194 Hearing dates: 9 May 2016; 10 May 2016 Decision date: 02 September 2016 Before: Simpson JA , McCallum J and Davies J at [1] Decision: Appeal dismissed Catchwords: CRIMINAL LAW – supply drugs – multiple charges - large commercial quantities – commercial quantities – knowingly participate in criminal group – appeal against conviction – improperly obtained evidence of finding and seizing drugs – whether evidence should have been excluded – whether entry onto property and inspection of bag without search warrant was a deliberate circumvention of Law Enforcement (Powers and Responsibilities) Act 2002 – whether officers of Australian Crime Commission had reasonable grounds to inspect bag – whether misrepresentation to magistrate for search warrant

CRIMINAL LAW – disclosure of evidence by Crown – whether disclosure of covert listening device – whether miscarriage of justice

EVIDENCE – fresh evidence – expert evidence obtained subsequent to trial – evidence not obtained prior to trial for financial reasons – lack of satisfactory explanation of financial issues – evidence available prior to trial - whether fresh evidence as a result of impecuniosity – whether further evidence would be likely to have caused jury to have a reasonable doubt about guilt of the accused – no reasonable doubt shown on the whole of the evidence Legislation Cited: Australian Crime Commission Act 2002 (Cth), s 25A Crimes Act 1900 (NSW), s 93T Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A Criminal Appeal Act 1912 (NSW), s 12 Evidence Act 1995 (NSW), s 138 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 3, 21 Surveillance Devices Act 2004 (Cth), s 16 Cases Cited: Grey v The Queen [2001] HCA 65; 184 ALR 593 House v The King [1936] HCA 40; 55 CLR 499 Khoury v R [2011] NSWCCA 118; (2011) 209 A Crim R 509 Lawless v The Queen [1979] HCA 49 (1979) 142 CLR 659 R v Abou-Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417 R v Rondo [2001] NSWCCA 540; (2001) 126 A Crim R 562 R v Spiteri [2004] NSWCCA 321; (2004) 61 NSWLR 369 Ratten v The Queen [1974] HCA 35; (1974) 131 CLR 510 Category: Principal judgment Parties: Sahba Yazdani (Appellant) Regina (Respondent) Representation: Counsel: G Brady SC (Appellant) P Ingram SC (Respondent) S Maharaj QC (Australian Crime Commission)