R v BB (No 4) [2019] NSWSC 1392

Supreme Court New South Wales

Medium Neutral Citation: R v BB (No 4) [2019] NSWSC 1392 Hearing dates: 26 – 30 August, 03 – 06, 09 – 11, 13, 16 – 17 September 2019 Date of orders: 17 September 2019 Decision date: 17 September 2019 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) The application for a directed verdict is rejected and the matter will proceed. Catchwords: CRIME – CRIMINAL PROCEDURE – Application for Directed Verdict after close of Crown Case – whether evidence of supply by Accused – meaning of supply in context of offence – means "make available to" – discussion of principles – Crown case taken at highest allows a jury, properly instructed, an inference that accused supplied HICO, knowing the sanctioned goods were going to Iran Legislation Cited: Charter of the United Nations Act 1945 (Cth) Charter of the United Nations (Sanctions – Iran) Regulations 2008 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) United Nations (UN Sanction Enforcement Law) Declaration 2008 (Cth) Cases Cited: Doney v R (1990) 171 CLR 207; [1990] HCA 51 JMR (1991) 57 ACrimR 39 R v Kaldor [2004] NSWCCA 425 R v Philip Wan Por Leung (No 3) [2009] NSWSC 450 R v The Queen (1989) 18 NSWLR 74 Category: Procedural rulings Parties: Regina (Crown) BB (a pseudonym) (Accused) Representation: Counsel: M McHugh SC / A McGrath (Crown) S Pararajasingham (Accused)