R v BB [2019] NSWSC 1054

Supreme Court New South Wales

Medium Neutral Citation: R v BB [2019] NSWSC 1054 Hearing dates: 12 – 14 August 2019 Date of orders: 15 August 2019 Decision date: 15 August 2019 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: The Court directs that the Crown, in these proceedings, must prove, at the requisite standard, that the accused: (1) intended to make a supply; (2) with knowledge that the goods to be supplied consisted of a metal with a content of nickel greater than 25% by weight; (3) with knowledge that the direct or indirect result of the supply was that goods would be transferred to Iran; and (4) that the accused was reckless as to whether the supply was of sanctioned goods, including that the supply was not an authorised supply. Catchwords: CRIMINAL PROCEDURE – breach of U.N. sanctions – supply of sanctioned goods to Iran – contravention of the Charter of the United Nations (Sanctions – Iran) Regulation 2008 – test case – establishment of elements – application of the Criminal Code (Cth) – "engage in conduct" to include the doing of an act and the omission to perform an act – physical and fault elements must be coincident Legislation Cited: Charter of the United Nations Act 1945 (Cth) Charter of the United Nations (Sanctions – Iran) Regulations 2008 (Cth) Criminal Code (Cth) Cases Cited: Campbell v R [2008] NSWCCA 214 He Kaw Teh v The Queen (1985) 157 CLR 523; [1985] HCA 43 R v JS [2007] NSWCCA 272 R v Saengsai-Or (2004) 61 NSWLR 135; [2004] NSWCCA 108 R v Wei Tang (2008) 237 CLR 1; [2008] HCA 39 Category: Procedural rulings Parties: Regina (Crown) BB (a pseudonym) (Accused) Representation: Counsel: M McHugh SC / A McGrath (Crown) S Pararajasingham (Accused)