Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Azzi v R [2013] NSWCCA 249 Hearing dates: 5/06/2013 Decision date: 08 November 2013 Before: Beazley P at [1]
Hidden J at [2]
Fullerton J at [3]Decision: 1. Leave granted to appellant to file amended notice of appeal.
2. Appeal against conviction dismissed.
Catchwords: CRIMINAL LAW - conviction appeal - supply of prohibited drug - credibility evidence - coincidence evidence Legislation Cited: Criminal Appeal Rules
Drug Misuse and Trafficking Act 1985
Evidence Act 1995Cases Cited: Peacock v R [2008] NSWCCA 264; 190 A Crim R 454
R v Chen [2002] NSWCCA 174; 130 A Crim R 300
R v Rymer [2005] NSWCCA 310; 156 A Crim R 84
R v Soma [2003] HCA 13; 212 CLR 299; 140 A Crim R 152Category: Principal judgment Parties: John Azzi (Appellant)
The Crown (Respondent)Representation: Counsel:
P Lange (Appellant)
S Dowling (Crown)
Solicitors:
Hanna Legal (Appellant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2010/268976 Decision under appeal
- Jurisdiction:
- 9101
- Date of Decision:
- 2012-03-12 00:00:00
- Before:
- King DCJ
- File Number(s):
- 2010/268976
Judgment
BEAZLEY P: I agree with Fullerton J.
HIDDEN J: I agree with Fullerton J.
FULLERTON J: John Azzi appeals his conviction for supply of a prohibited drug, namely 16.4 grams of heroin, following a jury trial in the District Court. The Crown relied upon the deeming provisions in s 29 of the Drug Misuse and Trafficking Act 1985 to make out the supply charge laid contrary to s 25(1) of the Act.
The appellant was sentenced to a term of imprisonment of 4 years and 6 months to commence on 18 February 2012 with a non-parole period of 3 years. There is no appeal against sentence.
The appellant relies upon two grounds of appeal, each of which concerns a conversation he had with police during the execution of a search warrant at his home in the course of which the heroin was located in a wardrobe in his bedroom. The conversation under challenge related to 0.38 grams of methylamphetamine which was also found by police in the wardrobe. As to that drug, the appellant did not deny knowing the powder was where the police found it, but said that he did not know what it was and that he thought it was "sugar or probably sugar". The appellant later pleaded guilty in the Local Court to being in possession of the methylamphetamine. The earlier claim that he believed the powder was sugar or probably sugar was referred to on the appeal as "the sugar lie".
The first ground of appeal (the only ground the subject of the filed notice of appeal) alleges error in the trial judge permitting the jury to use "the sugar lie" as credibility evidence contrary to s 108 of the Evidence Act 1995. In written submissions the Crown emphasised that credibility evidence is defined in s 101A of the Evidence Act as evidence relevant to…
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- AGLC
- Azzi v The Queen [2013] NSWCCA 249
- Case
- [2013] NSWCCA 249
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the trial judge had correctly evaluated the credibility of the evidence presented and whether the coincidence evidence was sufficient to support the conviction. The appellant contended that the trial judge had placed undue weight on the coincidence evidence and failed to properly assess the reliability of the key witness testimony. The Crown argued that the trial judge's assessment was correct and that the evidence, when considered as a whole, was sufficient to support the conviction.
The High Court found that the trial judge had indeed erred in his assessment of the evidence. The coincidence evidence, while relevant, was not sufficient on its own to support the conviction. The court held that the trial judge had placed too much emphasis on this type of evidence and had not properly evaluated the reliability of the witness testimony. As a result, the conviction was quashed, and a new trial was ordered. The court emphasised the importance of a balanced approach in assessing both direct and circumstantial evidence, ensuring that no single piece of evidence, such as coincidence evidence, is given undue weight in the absence of a proper evaluation of all the evidence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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