Smith, Maltimore v R [2016] NSWCCA 93

Smith, Maltimore v R [2016] NSWCCA 93

The trial judge's directions did not misdirect the jury as to the fault element of intention for s 307.1(1); the directions properly permitted the jury to use inferential reasoning from all circumstances, making clear that awareness of a likelihood or significant chance of concealed packages, while relevant, was not itself enough unless the jury was satisfied beyond reasonable doubt the appellant intended to import the packages.

Parties
Appellant: Maltimore Smith; Respondent: Regina
Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Jury Directions, Intention, Importation of Controlled Drugs, Fault Elements
Criminal Law Jury Directions Intention Importation of Controlled Drugs Fault Elements

Case Brief

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Parties

Maltimore Smith

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury as to the fault element of intention under s 307.1(1) of the Criminal Code (Cth) in an importation offence.
  2. 2 Whether awareness of a significant or real chance of the presence of packages can amount to intention for importation under s 307.1(1).

Ratio Decidendi

The trial judge's directions did not misdirect the jury as to the fault element of intention for s 307.1(1); the directions properly permitted the jury to use inferential reasoning from all circumstances, making clear that awareness of a likelihood or significant chance of concealed packages, while relevant, was not itself enough unless the jury was satisfied beyond reasonable doubt the appellant intended to import the packages.

Court Disposition

Appeal dismissed