Reed v R [2023] NSWDC 331

Reed v R [2023] NSWDC 331

The appellant had custody of $31,498 and her spontaneous statement to police that she had taken her boyfriend's drug money was admissible because, despite distress and cocaine use, the circumstances made it unlikely that the truth of the admission was adversely affected. Leaving later police-station evidence aside, the admissible evidence and the appellant's Local Court evidence established beyond reasonable doubt that the money might reasonably be suspected of being stolen or otherwise unlawfully obtained, and the appellant did not prove on the balance of probabilities that she had no reasonable grounds for suspicion. The conviction appeal was therefore dismissed. On sentence, given the...

Jurisdiction
Australia
Judgment Date
27 July 2023
Procedural Posture
Criminal Appeal From Local Court Conviction and Sentence / District Court Appeal by Way of Rehearing on the Evidence From the Original Local Court Proceedings
Outcome
Appeal from conviction dismissed; appeal from sentence allowed; finding of guilt confirmed without proceeding to conviction; appellant discharged on agreement to be of good behaviour for 18 months.
Legal Topics
['appeal From Conviction' 'appeal From Sentence' 'goods in Custody Reasonably Suspected of Being Stolen or Otherwise Unlawfully Obtained' 'proceeds of Crime' 'admissions to Investigating Officials' 'exclusion of Evidence' 'good Behaviour Order Without Conviction']
['criminal Law' 'criminal Procedure' 'evidence' 'sentencing'] ['appeal From Conviction' 'appeal From Sentence' 'goods in Custody Reasonably Suspected of Being Stolen or Otherwise Unlawfully Obtained' 'proceeds of Crime' 'admissions to Investigating Officials' 'exclusion of Evidence' 'good Behaviour Order Without Conviction']

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Procedural Posture

Criminal Appeal From Local Court Conviction and Sentence / District Court Appeal by Way of Rehearing on the Evidence From the Original Local Court Proceedings

Legal Issues

  1. 1 ['Whether the prosecution proved beyond reasonable doubt that the appellant had custody of $31,498 which may reasonably be suspected of being stolen or otherwise unlawfully obtained contrary to s 527C(1)(a) Crimes Act 1900.' "Whether the appellant's statements to police at the scene were admissible under s 85 Evidence Act 1995, and whether later evidence should be put aside having regard to ss 138 and 139 Evidence Act 1995 and police obligations under the Law Enforcement Powers and Responsibilities Act 2002." 'Whether the appellant established on the balance of probabilities that she had no reasonable grounds for suspecting that the money was stolen or otherwise unlawfully obtained.' 'Whether, on sentence appeal, a conviction and community corrections order were warranted.']

Ratio Decidendi

The appellant had custody of $31,498 and her spontaneous statement to police that she had taken her boyfriend's drug money was admissible because, despite distress and cocaine use, the circumstances made it unlikely that the truth of the admission was adversely affected. Leaving later police-station evidence aside, the admissible evidence and the appellant's Local Court evidence established beyond reasonable doubt that the money might reasonably be suspected of being stolen or otherwise unlawfully obtained, and the appellant did not prove on the balance of probabilities that she had no reasonable grounds for suspicion. The conviction appeal was therefore dismissed. On sentence, given the...

Court Disposition

Appeal from conviction dismissed; appeal from sentence allowed; finding of guilt confirmed without proceeding to conviction; appellant discharged on agreement to be of good behaviour for 18 months.

Orders

  • ['The appeal from conviction is dismissed.' 'The appeal from sentence is allowed.' 'Confirm the finding of guilt but without proceeding into conviction, Appellant to be of good behaviour for a period of 18 months from today pursuant to s 10(1)(b) Crimes (Sentencing Procedure) Act 1999 in conjunction with s 9 of the...