El-Haddad v The Queen

Case [2015] NSWCCA 10


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: El-Haddad v R [2015] NSWCCA 10
Hearing dates: 1 December 2014
Decision date: 20 February 2015
Before: Leeming JA at [1];
McCallum J at [129];
R A Hulme J at [130]
Decision:

1. Leave be refused in respect of ground 4.

2. The appeal be dismissed.
Catchwords:

CRIMINAL LAW - importation of commercial and marketable quantities of border controlled drugs and precursors - indictment containing five charges - whether evidence relevant to counts 1, 2, 3 and 5 properly admitted as tendency or coincidence evidence with respect to count 4 - whether evidence significantly probative - relevance of dissimilarities - whether open to trial judge to deal with coincidence rule and tendency rule together

CRIMINAL LAW - importation of commercial and marketable quantities of border controlled drugs - meaning of "import" in s 300.2 of the Criminal Code 1995 (Cth) - "import" defined to include "deal with the substance in connection with its importation" - commercial quantity of heroin imported in container and held by freight forwarders in Sydney - whether inquiries made by appellant as to fees payable in order to release goods sufficient to amount to dealing - whether inquiries together with assertions of ownership sufficient to amount to dealing
Legislation Cited: Crimes Legislation Amendment (Serious and Organised Crime) Act (No 2) 2010 (Cth)
Criminal Code 1995 (Cth), ss 11.1 300.2, 307, 314
Customs Act 1901 (Cth), s 233B
Evidence Act 1995 (NSW), ss 94, 95, 97, 98, 100, 101
Evidence Amendment Act 2007 (NSW)
Cases Cited: 2 Elizabeth Bay Road Pty Ltd v The Owners - Strata Plan No 73943 [2014] NSWCA 409
Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2013] HCA 21; 87 ALJR 668
Australian Competition and Consumer Commission v Air New Zealand Ltd (No 1) [2012] FCA 1355; 207 FCR 448
Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; 177 CLR 485
B v The Queen [1992] HCA 68; 175 CLR 599
BCM v The Queen [2013] HCA 48; 88 ALJR 101
Calderwood v The Queen [2007] NSWCCA 180; 172 A Crim R 208
Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; 248 CLR 378
Clark v R [2014] NSWCCA 236
Cunneen v Independent Commission Against Corruption [2014] NSWCA 421
DAO v The Queen [2011] NSWCCA 63
DSJ v The Queen [2012] NSWCCA 9; 84 NSWLR 758
Environment Protection Authority v Schon G Condon as liquidator for Orchard Holdings (NSW) Pty Ltd (in liq) [2014] NSWCA 149
Gilham v R [2012] NSWCCA 131
Golossian v R [2013] NSWCCA 311
House v The King (1936) 55 CLR 499
KJR v R [2007] NSWCCA 165; 173 A Crim R 226
Leff v R (1996) 86 A Crim R 212
Libke v The Queen [2007] HCA 30; 230 CLR 559
M v The Queen [1994] HCA 63;

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El-Haddad v The Queen [2015] NSWCCA 10
Case
[2015] NSWCCA 10
Decision Date

CaseChat Overview and Summary

In the High Court of Australia, the case of El-Haddad v The Queen involved the appellant, El-Haddad, who was charged with multiple counts of importing commercial and marketable quantities of border-controlled drugs and precursors. The trial resulted in a conviction on all five counts, and El-Haddad appealed against the conviction on count 4. The legal issues before the Court were whether the evidence adduced in relation to counts 1, 2, 3, and 5 was properly admitted as tendency or coincidence evidence concerning count 4 and whether the evidence was significantly probative. Additionally, the Court examined the meaning of "import" in section 300.2 of the Criminal Code 1995 (Cth), specifically whether inquiries made by the appellant about fees payable to release the goods and assertions of ownership were sufficient to constitute dealing with the substance in connection with its importation.

The Court considered the principles of tendency and coincidence evidence and determined that the evidence in question was relevant and significantly probative. The Court held that it was open to the trial judge to deal with both the tendency rule and the coincidence rule together in assessing the admissibility of the evidence. Furthermore, the Court examined the definition of "import" in the Criminal Code and concluded that the appellant's inquiries about fees payable to release the goods and assertions of ownership were sufficient to amount to dealing with the substance in connection with its importation. Consequently, the Court found that the evidence was properly admitted, and the conviction on count 4 was upheld.

The High Court dismissed the appeal, and the conviction on count 4 of the indictment was affirmed. The Court also noted that the trial judge had not erred in his assessment of the evidence and that the conviction was properly based on the evidence presented. The Court's decision in this case provides guidance on the application of tendency and coincidence evidence in criminal cases and the interpretation of the term "import" in the context of border-controlled drug importation offences.

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