R v FLAVEL [2001] NSWCCA 227

R v FLAVEL [2001] NSWCCA 227

The appeal against conviction failed because the challenged transatlantic journey evidence was admissible as evidence of the appellant's actual suspicion and knowledge rather than as tendency evidence; the summing-up and absence of further limiting directions caused no material risk of misuse; the Campillo evidence was relevant to preparations for the importation; and Meggett's evidence, other conduct evidence and intercepted telephone conversations were capable of proving beyond reasonable doubt that the appellant knew the dinghy contained cocaine. Leave to appeal against sentence was granted, but the sentence appeal failed because there was evidence supporting the trial judge's finding...

Jurisdiction
Australia
Judgment Date
08 June 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['importation of Commercial Quantity of Cocaine' 'tendency Evidence' 'evidence of Knowledge' 'unfair Prejudice' 'unreasonable Verdict' 'manifest Excess' 'sentencing Parity']
['criminal Law' 'evidence' 'sentencing'] ['importation of Commercial Quantity of Cocaine' 'tendency Evidence' 'evidence of Knowledge' 'unfair Prejudice' 'unreasonable Verdict' 'manifest Excess' 'sentencing Parity']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Application for Leave to Appeal Against Sentence From the District Court

Legal Issues

  1. 1 ['Whether evidence about earlier transatlantic journeys and a conversation about hiding things was inadmissible tendency evidence or should have been excluded for unfair prejudice.' "Whether the trial judge's summing-up sufficiently directed the jury about the use of evidence concerning earlier transatlantic voyages." "Whether evidence concerning Campillo's rental arrangements, vehicles, storage space and boat trailer was irrelevant or unfairly prejudicial." 'Whether the jury should have been warned that out of court admissions by the co-appellant could be used only against the co-appellant.' 'Whether the verdict was unreasonable or incapable of being supported by the evidence.' "Whether the sentence of life imprisonment with a non-parole period of twenty five years was manifestly excessive or gave rise to unjustifiable disparity with Meggett's sentence."]

Ratio Decidendi

The appeal against conviction failed because the challenged transatlantic journey evidence was admissible as evidence of the appellant's actual suspicion and knowledge rather than as tendency evidence; the summing-up and absence of further limiting directions caused no material risk of misuse; the Campillo evidence was relevant to preparations for the importation; and Meggett's evidence, other conduct evidence and intercepted telephone conversations were capable of proving beyond reasonable doubt that the appellant knew the dinghy contained cocaine. Leave to appeal against sentence was granted, but the sentence appeal failed because there was evidence supporting the trial judge's finding...

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']