Germakian v R [2007] NSWCCA 373

Germakian v R [2007] NSWCCA 373

Leave under r 4 was refused for grounds 1 to 4 because no objection had been taken at trial, no convincing explanation was provided, and the complained-of matters did not go to the root of the proceedings or create a real risk of miscarriage of justice. The unreasonable verdict ground failed because, considering the accumulated circumstantial evidence and the jury's advantage in assessing witnesses, it was open to the jury to be satisfied beyond reasonable doubt that the appellant knew cocaine was concealed in his suit bag and intended to import it.

Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Criminal Conviction Appeal Concerning Importation of Prohibited Imports Consisting of Cocaine / Appeal Against Conviction in the New South Wales Court of Criminal Appeal; Application for Extension of Time and Leave Under R 4 of the Criminal Appeal Rules for Grounds Not Objected to at Trial
Outcome
Extension of time granted; appeal dismissed.
Legal Topics
['conviction Appeal' 'drug Importation' 'prohibited Imports' 'commercial Quantity of Cocaine' 'circumstantial Evidence' 'unreasonable Verdict' 'criminal Appeal Rules R 4' 'extension of Time']
['criminal Law' 'criminal Procedure' 'customs and Drug Importation'] ['conviction Appeal' 'drug Importation' 'prohibited Imports' 'commercial Quantity of Cocaine' 'circumstantial Evidence' 'unreasonable Verdict' 'criminal Appeal Rules R 4' 'extension of Time']

Case Brief

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Procedural Posture

Criminal Conviction Appeal Concerning Importation of Prohibited Imports Consisting of Cocaine / Appeal Against Conviction in the New South Wales Court of Criminal Appeal; Application for Extension of Time and Leave Under R 4 of the Criminal Appeal Rules for Grounds Not Objected to at Trial

Legal Issues

  1. 1 ['Whether leave should be granted under r 4 of the Criminal Appeal Rules to rely on grounds concerning evidence and directions where no objection was taken at trial.' "Whether the jury's guilty verdict was unreasonable having regard to the evidence, particularly on the appellant's knowledge that cocaine was concealed in his suit bag."]

Ratio Decidendi

Leave under r 4 was refused for grounds 1 to 4 because no objection had been taken at trial, no convincing explanation was provided, and the complained-of matters did not go to the root of the proceedings or create a real risk of miscarriage of justice. The unreasonable verdict ground failed because, considering the accumulated circumstantial evidence and the jury's advantage in assessing witnesses, it was open to the jury to be satisfied beyond reasonable doubt that the appellant knew cocaine was concealed in his suit bag and intended to import it.

Court Disposition

Extension of time granted; appeal dismissed.

Orders

  • ['The time in which to file the notice of appeal is extended to the date the notice of appeal was filed.' 'Appeal dismissed.']