El-Haddad v R [2015] NSWCCA 10

El-Haddad v R [2015] NSWCCA 10

The requirements for admissibility of tendency and coincidence evidence were satisfied due to the significant probative value of similarities across the counts, and the acts of the appellant in asserting ownership and arranging release of the container constituted dealings 'in connection with its importation' per the expanded legal definition, justifying rejection of the application for directed verdict and upholding the conviction.

Parties
Appellant: Ghabi El-Haddad; Respondent: Regina
Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Criminal Appeal / Appeal From Conviction After Trial by Judge and Jury in the District Court of New South Wales
Outcome
Appeal dismissed. Leave refused in respect of ground 4.
Legal Topics
Importation of Border Controlled Drugs, Tendency and Coincidence Evidence, Evidentiary Rules, Directed Verdict, Meaning of 'import'
Criminal Law Importation of Border Controlled Drugs Tendency and Coincidence Evidence Evidentiary Rules Directed Verdict Meaning of 'import'

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 40 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ghabi El-Haddad

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction After Trial by Judge and Jury in the District Court of New South Wales

Legal Issues

  1. 1 Whether evidence relevant to counts 1, 2, 3, and 5 was properly admitted as tendency or coincidence evidence with respect to count 4
  2. 2 Whether the trial judge erred in declining a directed verdict on count 4 in light of the expanded definition of 'import'
  3. 3 Whether the verdict on count 4 was unsafe and unsatisfactory

Ratio Decidendi

The requirements for admissibility of tendency and coincidence evidence were satisfied due to the significant probative value of similarities across the counts, and the acts of the appellant in asserting ownership and arranging release of the container constituted dealings 'in connection with its importation' per the expanded legal definition, justifying rejection of the application for directed verdict and upholding the conviction.

Court Disposition

Appeal dismissed. Leave refused in respect of ground 4.

Orders

  • Leave be refused in respect of ground 4.
  • The appeal be dismissed.