Elsleiman v R [2015] NSWCCA 192

Elsleiman v R [2015] NSWCCA 192

On an independent assessment of the whole of the evidence, the cumulative circumstantial case proved beyond reasonable doubt that the applicant believed the engine contained a border controlled drug. His careful destruction of the consignment documents before dismantling the engine, failure to raise asserted concerns, removal and delivery of sealed canisters rather than pistons, leaving the empty canister, working in partial darkness, wearing and removing gloves, use of a false name, driving without headlights, discussion about burning packaging, attempted flight, and the unlikelihood that valuable cocaine would be entrusted to him unless he was complicit made the jury's verdict open and...

Jurisdiction
Australia
Judgment Date
22 July 2015
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal to the Court of Criminal Appeal From a District Court Conviction; Leave Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Offences' 'attempt to Possess a Border Controlled Drug' 'marketable Quantity' 'circumstantial Evidence' 'unreasonable Verdict Appeal']
['criminal Law'] ['drug Offences' 'attempt to Possess a Border Controlled Drug' 'marketable Quantity' 'circumstantial Evidence' 'unreasonable Verdict Appeal']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal to the Court of Criminal Appeal From a District Court Conviction; Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ["Whether the jury's verdict was unreasonable, or cannot be supported, having regard to the evidence under s 6(1) of the Criminal Appeal Act 1912 (NSW)." 'Whether, on the whole of the circumstantial evidence, it was open to the jury to be satisfied beyond reasonable doubt that the applicant believed the engine contained a border controlled drug.' "Whether the applicant's conduct showed only suspicion, rather than the intention or knowledge required for the offence."]

Ratio Decidendi

On an independent assessment of the whole of the evidence, the cumulative circumstantial case proved beyond reasonable doubt that the applicant believed the engine contained a border controlled drug. His careful destruction of the consignment documents before dismantling the engine, failure to raise asserted concerns, removal and delivery of sealed canisters rather than pistons, leaving the empty canister, working in partial darkness, wearing and removing gloves, use of a false name, driving without headlights, discussion about burning packaging, attempted flight, and the unlikelihood that valuable cocaine would be entrusted to him unless he was complicit made the jury's verdict open and...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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