Bin Sulaeman v R [2013] NSWCCA 283

Bin Sulaeman v R [2013] NSWCCA 283

The trial judge's findings regarding the reliability and admissibility of the appellant's admissions were open on the evidence; appropriate caution was administered. The evidence was properly admitted, and the jury was correctly directed regarding the accused's knowledge of the destination being Australia. No miscarriage of justice was demonstrated.

Parties
Appellant: Ade Sutiawan Bin Sulaeman; Respondent: Regina
Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal against conviction dismissed
Legal Topics
Aggravated People Smuggling, Admissibility of Admissions, Cautioning Requirements, Jury Directions, People Smuggling Offences
Criminal Law Evidence Law Aggravated People Smuggling Admissibility of Admissions Cautioning Requirements Jury Directions People Smuggling Offences

Case Brief

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Parties

Ade Sutiawan Bin Sulaeman

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether trial judge erred in admitting evidence of alleged admissions by the appellant to a naval officer
  2. 2 Whether there was a miscarriage of justice regarding jury directions on the accused's knowledge of the destination being Australia
  3. 3 Whether failure to adequately caution and lack of interpreter affected the admissibility of admissions

Ratio Decidendi

The trial judge's findings regarding the reliability and admissibility of the appellant's admissions were open on the evidence; appropriate caution was administered. The evidence was properly admitted, and the jury was correctly directed regarding the accused's knowledge of the destination being Australia. No miscarriage of justice was demonstrated.

Court Disposition

appeal against conviction dismissed

Orders

  • Appeal against conviction dismissed.