Reported Decision:
142 A Crim R 459
New South Wales
Court of Criminal Appeal
CITATION: Regina v Ruiz-Avila [2003] NSWCCA 264 HEARING DATE(S): 15/09/03 JUDGMENT DATE:
26 September 2003JUDGMENT OF: Hidden J at 1; Greg James J at 29; Newman AJ at 30 DECISION: See par 28 CATCHWORDS: CRIMINAL LAW - Knowingly concerned in supply of ecstacy, cultivation of cannabis - use of premises leased by appellant - requirement of knowledge LEGISLATION CITED: Customs Act 1901
Drug Misuse and Trafficking Act 1985
National Parks and Wildlife Act 1974CASES CITED: Bahri Kural v The Queen (1987) 162 CLR 502
R v Giorgi and Romeo (1981) 7 ACrim R 305
Giorgianni v The Queen (1985) 156 CLR 473
R v Greatorex (1994) ACrimR 498
Histollo Pty Ltd v Dir-Gen of National Parks and Wildlife Service (1998) 45 NSWLR 661
He Kaw Teh v The Queen (1985) 157 CLR 253
Pereira v Director of Public Prosecutions (1988) 63 ALJR 1PARTIES :
Regina
Robert Marck Ruiz-AvilaFILE NUMBER(S): CCA 60164/03 COUNSEL: D Frearson - Crown
S Odgers SC - AppellantSOLICITORS: SE O'Connor - Crown
M Ricci - Appellant
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 01/41/0202 LOWER COURT
JUDICIAL OFFICER :PR Bell DCJ
60164/03
Friday 26 September 2003HIDDEN J
GREG JAMES J
NEWMAN AJ
1 HIDDEN J: The appellant, Robert Marck Ruiz-Avila, was tried in the District Court upon an indictment containing three counts:
1. Knowingly taking part in the supply of cannabis leaf on 27 March 2001;
2. Knowingly take part in the supply of ecstasy on the same date;
He was found guilty of all three counts and sentenced to a term of imprisonment. He appeals against his conviction of the second and third counts and, should that appeal be successful, against his sentence on the first count.3. Knowingly taking part in the cultivation of cannabis between 7 July 2000 and 27 March 2001.
2 Put shortly, it was the Crown case that in late June 2000 the appellant signed a lease on a unit at Wollongong, which was to commence on 7 July, 2000. There was evidence from which it might be inferred that, although he paid the rent for the unit and had the keys to it, he did not live there. There was also evidence that several other men had access to the unit, but there was no evidence that he had sub-let it.
3 Towards the end of March 2001 the unit came to the attention of police as a result of a complaint of a pungent odour, which proved to be that of cannabis, emanating from it. On 27 March, 2001 police entered the unit, armed with a search warrant. It did not appear that anyone was living there, although a bank statement in the name of the appellant (directed to him at a different address) was found on the floor.
4 A large quantity of cannabis was found in various…
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- AGLC
- R v Ruiz-Avila [2003] NSWCCA 264
- Case
- [2003] NSWCCA 264
- Decision Date
CaseChat Overview and Summary
The court examined the legal principles surrounding the appellant's knowledge of the drug activities on the leased property. It held that the prosecution must prove that the appellant had knowledge of the use of the property for cultivating cannabis and supplying ecstasy. The court found that the prosecution had not proven the appellant had actual knowledge of these activities, but rather, it was established that the appellant was wilfully blind to the activities occurring on the property. The court held that wilful blindness was equivalent to actual knowledge for the purposes of criminal liability. The appeal was dismissed, and the conviction was upheld.
The High Court determined that the appellant's wilful blindness to the activities on the property was sufficient to establish the requisite knowledge for the charges of knowingly being concerned in the supply of ecstasy and the cultivation of cannabis. The court found that the appellant had taken steps to avoid knowledge of the activities, which amounted to wilful blindness. The court held that wilful blindness was equivalent to actual knowledge, thus satisfying the mens rea requirement for the charges. The court further held that the trial judge had correctly directed the jury on the issue of knowledge, and the conviction was properly upheld.
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