R v Cacu [2010] NSWDC 231

R v Cacu [2010] NSWDC 231

The combination of the suspicious conduct of the appellant, Robertson and a third man at the rear of the vehicle, the appellant's and Robertson's presentation when dealing with police, the presence of multiple mobile telephones including three without retained messages, the appellant carrying $15,000 cash in his jacket pocket, and the bank account transactions satisfied the court beyond reasonable doubt that the money may reasonably be suspected of being stolen or otherwise unlawfully obtained. The appellant did not establish on the balance of probabilities that he had no reasonable grounds for suspecting that the money was stolen or otherwise unlawfully obtained, because the court did...

Jurisdiction
Australia
Judgment Date
01 October 2010
Procedural Posture
Criminal Conviction Appeal / Appeal From Local Court Conviction to the District Court of New South Wales
Outcome
Appeal dismissed
Legal Topics
['goods in Custody' 'money Reasonably Suspected of Being Stolen or Otherwise Unlawfully Obtained' 'conviction Appeal' 'burden of Proof' 'fresh Evidence']
['criminal Law' 'criminal Procedure' 'evidence'] ['goods in Custody' 'money Reasonably Suspected of Being Stolen or Otherwise Unlawfully Obtained' 'conviction Appeal' 'burden of Proof' 'fresh Evidence']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Appeal From Local Court Conviction to the District Court of New South Wales

Legal Issues

  1. 1 ["Whether the $15,000 in the appellant's custody may reasonably be suspected of being stolen or otherwise unlawfully obtained beyond reasonable doubt." 'Whether the appellant established on the balance of probabilities that he had no reasonable grounds for suspecting that the money was stolen or otherwise unlawfully obtained.' 'Whether evidence given by the appellant and tendered on his behalf could be considered when determining whether the money may reasonably be suspected of being stolen or otherwise unlawfully obtained.']

Ratio Decidendi

The combination of the suspicious conduct of the appellant, Robertson and a third man at the rear of the vehicle, the appellant's and Robertson's presentation when dealing with police, the presence of multiple mobile telephones including three without retained messages, the appellant carrying $15,000 cash in his jacket pocket, and the bank account transactions satisfied the court beyond reasonable doubt that the money may reasonably be suspected of being stolen or otherwise unlawfully obtained. The appellant did not establish on the balance of probabilities that he had no reasonable grounds for suspecting that the money was stolen or otherwise unlawfully obtained, because the court did...

Court Disposition

Appeal dismissed

Orders

  • ['Appeal from conviction dismissed.']