Court of Criminal Appeal
New South Wales
Case Title: INEGBEDION, Meredith v R Medium Neutral Citation: [2013] NSWCCA 291 Hearing Date(s): 20/05/2013 Decision Date: 22 November 2013 Before: Hoeben CJ at CL at 1
Rothman J at 2
McCallum J at 60Decision: (1) To the extent necessary, leave to appeal is granted;
(2) Appeal dismissed.Catchwords: CRIMINAL LAW - Commonwealth Code - attempt - necessity for conduct that is a step towards the commission of an offence and is beyond that which is merely preparatory together with a state of mind or intention to commit the crime - conduct must be such as cannot reasonably be regarded as having any other purpose than the commission of the offence charged - necessity to direct on the two separate aspects of the crime, conduct and intent - error in insufficiently separating the two aspects - not an unreasonable verdict - no substantial miscarriage of justice has occurred - appeal dismissed. Legislation Cited: Criminal Appeal Act 1912
Criminal Code Act 1995 (Cth)Cases Cited: Britten v Alpogut [1987] VR 929
Davey v Lee [1968] 1 QB 366
Gillard v R [2003] HCA 64; (2003) 219 CLR 1
Giorgianni v R [1985] HCA 29; (1985) 156 CLR 473
He Kaw Teh v R [1985] HCA 43; (1985) 157 CLR 523
Huynh v The Queen [2013] HCA 6; (2013) 87 ALJR 434
Knight v R [1992] HCA 56; (1992) 175 CLR 495
M v R [1994] HCA 63; (1994) 181 CLR 487
MFA v R [2002] HCA 53; (2002) 213 CLR 606
Onuorah v R [2009] NSWCCA 238
Singh v R [2011] NSWCCA 100
SKA v The Queen [2011] HCA 13; (2011) 243 CLR 400
Weiss v The Queen [2005] HCA 81; (2005) 224 CLR 300Category: Principal judgment Parties: Meredith Inegbedion (Appellant)
Crown (Respondent)Representation - Counsel: Counsel:
B Neild (Appellant)
C P O'Donnell (Respondent)- Solicitors: Solicitors:
Nyman Gibson Stewart Solicitors (Appellant)
Director of Public Prosecutions (Cth) (Respondent)File Number(s): 2010/299022 Decision Under Appeal - Before: Puckeridge DCJ - Date of Decision: 03 April 2012 - Court File Number(s): 2010/299022 Publication Restriction: None
JUDGMENT
HOEBEN CJ at CL: I agree with Rothman J and the orders which he proposes.
ROTHMAN J: The appellant, Meredith Inegbedion, appeals his conviction by a jury of the offence of attempting to possess a marketable quantity of unlawfully imported substance, being a border controlled drug, namely heroin, contrary to s 307.6(1) of the Criminal Code Act 1995 (Cth) (the Code).
The appellant raises two grounds:
Ground 1: A miscarriage of justice has been occasioned by the trial judge's directions to the jury in relation to attempt.
Ground 2: The verdict is unreasonable and cannot be supported on the evidence.
Brief summary of facts
It is possible, at least in summary form, to state the facts. The primary facts are largely uncontentious.
On 8 April 2010, a package addressed to David Okeke, 16 Wolseley Street, Rooty Hill,…
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- AGLC
- Inegbedion v R [2013] NSWCCA 291
- Case
- [2013] NSWCCA 291
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the trial judge's directions to the jury were adequate in establishing the elements of an attempt to commit fraud under the Commonwealth Code. The court examined whether the conduct of the appellant went beyond mere preparation and whether there was an intention to commit the offence of fraud. The court also considered whether the trial judge's direction failed to sufficiently separate the conduct and intent aspects of the crime of attempt.
The court found that the trial judge's direction to the jury, while not perfect, did not result in a substantial miscarriage of justice. The court held that the jury was properly directed on the two separate aspects of the crime, conduct and intent, and that the jury's verdict was not unreasonable. The court found that there was sufficient evidence to support the jury's conclusion that the appellant had the requisite intent and conducted acts that went beyond mere preparation.
The appeal was dismissed, and the conviction of the appellant was upheld. The court found that the trial judge's direction, although not ideal, did not result in a substantial miscarriage of justice, and the conviction was not unreasonable. The court held that the jury was properly directed on the elements of the crime of attempt, and the verdict was supported by 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
Established by: HOEBEN CJ
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