Ozgen v R [2021] NSWCCA 252

Ozgen v R [2021] NSWCCA 252

The absence of NSW Director of Public Prosecutions authority for the officer to sign the indictment in relation to the state offence did not invalidate the indictment or the convictions on the two federal counts. Any defect was confined to the state count and was severable; the District Court was seized of jurisdiction over the Commonwealth charges. The count 1 verdict was not unreasonable because the Crown did not have to prove that the appellant knew the precise identity of the illicit drug or that there were two separate agreements. The evidence relied on by the appellant was incapable of establishing, even to the required threshold, the defence that he did not know the drugs were...

Jurisdiction
Australia
Judgment Date
03 November 2021
Procedural Posture
Criminal Appeal Against Conviction / Appeal From Convictions in the District Court of New South Wales
Outcome
Leave to appeal granted in respect of grounds 2 and 3; appeal dismissed.
Legal Topics
['drug Offences' 'validity of Indictment' 'severability of Indictment' 'unreasonable Verdict' 'statutory Defence to Federal Drug Offence']
['criminal Law' 'criminal Procedure' 'federal Jurisdiction'] ['drug Offences' 'validity of Indictment' 'severability of Indictment' 'unreasonable Verdict' 'statutory Defence to Federal Drug Offence']

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Procedural Posture

Criminal Appeal Against Conviction / Appeal From Convictions in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the trial and convictions were nullities because the indictment was signed by a person authorised by the Commonwealth Director of Public Prosecutions but not authorised by the NSW Director of Public Prosecutions in relation to a state offence.' 'Whether any defect concerning the state count was severable from the federal counts on which the appellant was convicted.' 'Whether the guilty verdict on count 1 was unreasonable because the appellant may have been aware only of the MDMA the subject of count 2 and unaware of the methylamphetamine the subject of count 1.' 'Whether the trial judge erred in declining to leave to the jury the defence under s 307.5(4) of the Criminal Code that the appellant did not know the drugs were unlawfully imported.']

Ratio Decidendi

The absence of NSW Director of Public Prosecutions authority for the officer to sign the indictment in relation to the state offence did not invalidate the indictment or the convictions on the two federal counts. Any defect was confined to the state count and was severable; the District Court was seized of jurisdiction over the Commonwealth charges. The count 1 verdict was not unreasonable because the Crown did not have to prove that the appellant knew the precise identity of the illicit drug or that there were two separate agreements. The evidence relied on by the appellant was incapable of establishing, even to the required threshold, the defence that he did not know the drugs were...

Court Disposition

Leave to appeal granted in respect of grounds 2 and 3; appeal dismissed.

Orders

  • ['Grant leave to appeal in respect of grounds 2 and 3 of the notice of appeal.' 'Appeal dismissed.']