Alhassan v R [2017] NSWCCA 73

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Alhassan v R [2017] NSWCCA 73 Hearing dates: 3 April 2017 Decision date: 20 April 2017 Before: Leeming JA at [1]; RA Hulme J at [28]; Beech-Jones J at [29]. Decision: 1. Extend the time within which to apply for leave to appeal to 14 November 2016. 2. Grant leave to appeal. 3. Appeal allowed. 4. Set aside the guilty verdict on count 1, and set aside the sentence imposed on 31 March 2016. 5. In lieu thereof, substitute a verdict of guilty of an offence under s 25(1) of the Drug (Misuse and Trafficking) Act 1985 (NSW), and remit the proceedings to the District Court for the imposition of sentence. 6. The proceedings be listed for mention in the District Court, at Parramatta, on Thursday 27 April 2017. Catchwords: CRIMINAL LAW - conviction appeal - supply of commercial quantity of prohibited drug - applicant charged with supply of commercial quantity of methylamphetamine and with supply of cocaine - both drugs found in vehicle owned and driven by applicant - jury convicted on first count and acquitted on second count - whether verdicts inconsistent - whether conviction on first count unreasonable - whether prosecution had shown to criminal standard that applicant knew or believed that the transaction involved a commercial quantity of a prohibited drug - appeal allowed and different verdict substituted Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5, 6, 7 Drug Misuse and Trafficking Act 1985 (NSW), ss 25, 32, 33, 44 Cases Cited: Allan v R [2017] NSWCCA 6 MacKenzie v The Queen (1996) 190 CLR 348 Nguyen v R [2015] NSWCCA 78 R v Baden-Clay [2016] HCA 35; (2016)90 ALJR 1013 Spies v The Queen (2000) 201 CLR 603; [2000] HCA 43 Yousef Jidah v R [2014] NSWCCA 270 Category: Principal judgment Parties: Hudu Abdulai Alhassan (Applicant) Regina (Respondent Crown) Representation: Counsel: P Lange (Applicant) M Cinque SC (Respondent Crown)