Yaqub v R [2018] NSWCCA 14

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Yaqub v R [2018] NSWCCA 14 Hearing dates: 1 February 2018 Decision date: 16 February 2018 Before: Basten JA at [1]; R A Hulme J at [2]; Hidden AJ at [59] Decision: 1. Leave to appeal against conviction granted. 2. Appeal against conviction dismissed. 3. Leave to appeal against sentence refused. Catchwords: CRIMINAL LAW – appeal against conviction and sentence – guilty plea – where appellant pleaded guilty to importing marketable quantity of border controlled drug – statutory defence of no intent to sell - where appellant claimed that drug was for personal use and not sale – whether guilty plea based lack of legal advice as to availability of defence – whether lawyer's failure to provide such advice occasioned a miscarriage of justice – Criminal Code (Cth) s 307.2(4) Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5(1)(c) Criminal Code 1995 (Cth) s 307.2(1) Cases Cited: Green, Al v R [2017] NSWCCA 282 Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41 R v Kouroumalos [2000] NSWCCA 453 R v Lars (aka Larsson) (1994) 73 A Crim R 91 R v Liberti (1991) 55 A Crim R 120 Senior v R [2017] NSWCCA 220 Category: Principal judgment Parties: Moslim Yaqub (Applicant) Regina (Respondent) Representation: Counsel: Mr P Lowe (Applicant) Ms J Paingakulam (Crown)