Su v R [2023] NSWCCA 21

Procedural Posture

Criminal Appeal Against Conviction / Application for Extension of Time and Leave to Appeal From Convictions in the District Court of New South Wales

Legal Issues

1. 1 ['Whether the admission of tendency evidence concerning four additional consignments, and the way it was relied on at trial, resulted in a miscarriage of justice.' 'Whether the convictions on two counts of importing a commercial quantity of a border controlled precursor were unreasonable or could not be supported having regard to the evidence.' 'Whether it was open to the jury to be satisfied beyond reasonable doubt that the applicant was involved in importing each charged consignment into Australia.' 'Whether it was open to the jury to be satisfied beyond reasonable doubt that the applicant was reckless as to whether the charged consignments contained ephedrine or another border controlled precursor.']

Ratio Decidendi

The tendency evidence had significant probative value because it supported a modus operandi in which the applicant opened false parcel locker accounts and agreed to their use for packages of paintings sent from Derby to Australia, making it more likely that he acted that way for the charged consignments. Any prejudicial risk that the jury would use the additional consignments to infer knowledge of illicit contents was substantially mitigated by clear directions and by the defence closing address, and did not create a miscarriage of justice. On the whole of the evidence, including the applicant's opening and operation of parcel locker accounts, tracking of shipments, use of false...

Court Disposition

Extension of time and leave to appeal granted; appeal against conviction dismissed.

Orders

• ['Grant extension of time for application for leave to appeal.' 'Grant leave to appeal pursuant to s 5(1)(b) of the Criminal Appeal Act 1912 (NSW).' 'Dismiss the appeal against conviction.']