R v Bolus and Others [2003] NSWSC 658

R v Bolus and Others [2003] NSWSC 658

The evidence allows only one reasonable inference: a single continuing conspiracy existed to import cocaine into Australia, involving all accused and relevant persons between January and August 2001. Changes in personnel or methods did not create multiple conspiracies. There is sufficient circumstantial evidence for the jury to find Bolus knowingly participated in the conspiracy.

Parties
Prosecutor: Regina; Accused: James Herbert Bolus; Accused: Dominic Darrington Brokenshire; Accused: Richard Bruce Cornwell; Accused: David Paul Dicecco; Accused: Juan Guillermo Diez-Orozco; Accused: Vincent Francis; Accused: John Lawrence; Accused: Daniel Patrick McDougall; Accused: David George Norris
Jurisdiction
Australia
Judgment Date
07 May 2003
Procedural Posture
Criminal / Application for Directed Verdict at End of Crown Case
Outcome
Application for directed verdict refused
Legal Topics
Conspiracy, Multiple Conspiracies, Directed Verdict
Criminal Law Conspiracy Multiple Conspiracies Directed Verdict

Case Brief

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Parties

Regina

Prosecutor

James Herbert Bolus

Accused

Dominic Darrington Brokenshire

Accused

Richard Bruce Cornwell

Accused

David Paul Dicecco

Accused

Juan Guillermo Diez-Orozco

Accused

Vincent Francis

Accused

John Lawrence

Accused

Daniel Patrick McDougall

Accused

David George Norris

Accused

Procedural Posture

Criminal / Application for Directed Verdict at End of Crown Case

Legal Issues

  1. 1 Whether the evidence supports a single conspiracy as alleged or proves the existence of two separate conspiracies
  2. 2 Whether there is sufficient evidence to justify a jury finding Bolus participated in the conspiracy

Ratio Decidendi

The evidence allows only one reasonable inference: a single continuing conspiracy existed to import cocaine into Australia, involving all accused and relevant persons between January and August 2001. Changes in personnel or methods did not create multiple conspiracies. There is sufficient circumstantial evidence for the jury to find Bolus knowingly participated in the conspiracy.

Court Disposition

Application for directed verdict refused

Orders

  • No directed acquittal; matter proceeds to jury on the charge of conspiracy as alleged