R v Campbell, Campbell and Baka (No 2)

[2007] NSWDC 168

CITATION:	R v CAMPBELL, CAMPBELL & BAKA (No 2) [2007] NSWDC 168
JUDGMENT DATE:	7 August 2007
JURISDICTION:	Criminal
JUDGMENT OF:	Berman SC DCJ
DECISION:	Directed verdict of acquittal in the cases of Mr Simon Phillip Campbell and Mr Judha Suryadhana Baka
CATCHWORDS:	Criminal law - Aiders and Abettors - Special Liability Provision - Reversal of Onus of Proof
LEGISLATION CITED:	Criminal Code Act (Cth) 1995
PARTIES:	Crown Belinda Mary Campbell Simon Phillip Campbell Judha Suryadhana Baka
FILE NUMBER(S):	07/11/0371; 07/11/0378
COUNSEL:	D Jordan - Crown R Bromwich - B M Campbell & S P Campbell N Steel - Baka
SOLICITORS:	Commonwealth DPP Giddy & Crittenden - B M Campbell & S P Campbell Legal Aid Commission - Baka

JUDGMENT

Introduction

1 HIS HONOUR: At the close of the Crown case against all three accused applications were made on behalf of two of them that I direct verdicts of acquittal. It was said on behalf of both Mr Campbell and Mr Baka that, taking the Crown case at its highest, the Crown could not prove an essential element of the offences with which they had been charged. The applications were based on submissions regarding the presumption to be found in s307.14 Criminal Code Act(Cth) 1995 (the Code). The jury in this matter are to return to court at 2.00 p.m. today and so I will give judgment immediately in order that the jurors’ journeys have not been wasted.

2 Ordinarily there would be two distinct phases to the consideration of this matter. The first concerns a finding of law as to whether the Crown is entitled to take advantage of the presumption where, as here, the two relevant accused are charged as aiders and abettors. The second phase is whether, even if the Crown is not so entitled, these cases are fit to go to the jury.

3 However, in this case, the Crown concedes that if it is not entitled to take advantage of the presumption in the cases of Mr Campbell and Mr Baka, then verdicts of acquittal in relation to them should be directed.

4 Much of the Crown case is not in dispute. What follows is a short summary of the evidence led in the Crown case in order that the decision I have to make regarding whether there is a case fit to go to the jury for Mr Campbell and Mr Baka can be put in its proper context.

The Facts

5 Mrs Belinda Campbell ran a furniture retail business. She obtained her stock from Indonesia. It was thus necessary for her to periodically import shipping container loads of furniture and household goods for resale.

6 On 17 June 2006 a container of furniture was delivered to Mrs Campbell’s business premises. It had been imported into Australia from Indonesia. By the time it was delivered the authorities had a well organised operation in place involving surveillance of that container, as well as Mrs Campbell and Mr Campbell. They had been alerted to the…