R v Bera [2001] NSWCCA 205

R v Bera [2001] NSWCCA 205

The surveillance tapes and the appellant's evidence showed a close, longstanding involvement with Parker in supplying amphetamines, including preparation of large quantities shortly before the offence. The trial judge was entitled to reject the appellant's denials, infer beyond reasonable doubt that he knew the car trip was for conveying methylamphetamine for supply and that the quantity exceeded 1kg, and reject the alternative hypothesis as not reasonably credible. The trial judge's reasons sufficiently identified the applicable principles, factual findings and reasoning process, so there was no breach of s 17(2) of the Criminal Procedure Act 1986.

Jurisdiction
Australia
Judgment Date
24 May 2001
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction; Appeal Confined to Unreasonable Verdict and Alleged Failure to Comply With S 17 of the Criminal Procedure Act 1986
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['supply of Methylamphetamine' 'joint Possession for Supply' 'knowledge of Drug Quantity' 'unreasonable Verdict' 'judge Alone Trial Reasons']
['criminal Law' 'criminal Procedure'] ['supply of Methylamphetamine' 'joint Possession for Supply' 'knowledge of Drug Quantity' 'unreasonable Verdict' 'judge Alone Trial Reasons']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction; Appeal Confined to Unreasonable Verdict and Alleged Failure to Comply With S 17 of the Criminal Procedure Act 1986

Legal Issues

  1. 1 ['Whether the verdict on the count of supplying not less than the large commercial quantity of methylamphetamine was unreasonable or unsupported by the evidence.' 'Whether the trial judge was entitled to infer that the appellant knew the drugs were in the car and knew the quantity exceeded 1kg.' 'Whether the trial judge failed to comply with s 17(2) of the Criminal Procedure Act 1986 by failing to expose the principles of law, findings of fact and reasoning process.']

Ratio Decidendi

The surveillance tapes and the appellant's evidence showed a close, longstanding involvement with Parker in supplying amphetamines, including preparation of large quantities shortly before the offence. The trial judge was entitled to reject the appellant's denials, infer beyond reasonable doubt that he knew the car trip was for conveying methylamphetamine for supply and that the quantity exceeded 1kg, and reject the alternative hypothesis as not reasonably credible. The trial judge's reasons sufficiently identified the applicable principles, factual findings and reasoning process, so there was no breach of s 17(2) of the Criminal Procedure Act 1986.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']