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

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

The Crown evidence, taken at its highest, could support a jury finding that BB made high grade nickel available for transfer to Iran. The notion of supply was not limited to direct physical handing over, and BB could have supplied through manufacturers, shippers or contractors and notwithstanding the interposition of Metalloy. Because there was evidence capable of proving the physical element of supply, the application for a directed verdict failed.

Jurisdiction
Australia
Judgment Date
17 September 2019
Procedural Posture
Criminal Prosecution / Application for Directed Verdict After the Evidence in the Trial Was Complete
Outcome
Application for a directed verdict rejected; the matter will proceed.
Legal Topics
['directed Verdict' 'un Sanction Enforcement Law' 'supply of Sanctioned Goods' 'physical Elements of Offence' 'criminal Code Procuring']
['criminal Law' 'criminal Procedure' 'sanctions Law'] ['directed Verdict' 'un Sanction Enforcement Law' 'supply of Sanctioned Goods' 'physical Elements of Offence' 'criminal Code Procuring']

Case Brief

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Procedural Posture

Criminal Prosecution / Application for Directed Verdict After the Evidence in the Trial Was Complete

Legal Issues

  1. 1 ['Whether the evidence was incapable of establishing beyond reasonable doubt the physical element that BB supplied the sanctioned goods.' 'Whether "supply" in the relevant sanctions offence required direct or physical handing over of goods, or included making goods available through manufacturers, shippers or contractors.' 'Whether BB could avoid liability because the transaction was effected through Metalloy, SPF, manufacturers or shippers.']

Ratio Decidendi

The Crown evidence, taken at its highest, could support a jury finding that BB made high grade nickel available for transfer to Iran. The notion of supply was not limited to direct physical handing over, and BB could have supplied through manufacturers, shippers or contractors and notwithstanding the interposition of Metalloy. Because there was evidence capable of proving the physical element of supply, the application for a directed verdict failed.

Court Disposition

Application for a directed verdict rejected; the matter will proceed.

Orders

  • ['The application for a directed verdict is rejected and the matter will proceed.']