New South Wales
Court of Criminal Appeal
| CITATION : | R v Soto-Sanchez [2002] NSWCCA 160 |
| FILE NUMBER(S) : | CCA 60225/01 |
| HEARING DATE(S) : | 19 April 2002 |
| JUDGMENT DATE : | 10 May 2002 |
PARTIES : | Ferney Soto-Sanchez (Appellant) Regina (Crown) |
| JUDGMENT OF : | Stein JA at 1; Sully J at 40; Smart AJ at 41 |
| LOWER COURT JURISDICTION : | District Court |
| LOWER COURT FILE NUMBER(S) : | 00/11/0567 |
| LOWER COURT JUDICIAL OFFICER : | Woods ADCJ |
| COUNSEL : | P R Boulten (Appellant) M M Cinque (Crown) |
| SOLICITORS : | R F Bergagnin (Appellant) Commonwealth Director of Public Prosecutions (Crown) |
| CATCHWORDS : | CRIMINAL LAW - possession of prohibited imports - Customs Act 1901, s 233B - appeal against conviction - leave to appeal against sentence - whether trial miscarried - directions to jury - onus and standard of proof - evidence of good character - direction on character - cross-examination of accused without leave - offensive cross-examination of accused - D |
| LEGISLATION CITED : | Customs Act 1901, s 233B Criminal Appeal Rules, r 4 Evidence Act, s 41, s 112, s 137, s 192 |
| CASES CITED: | Mraz v The Queen (1955) 93 CLR 493 The Queen v Chai [2002] HCA 12 (14 March 2002) R v Stanoevski (2001) 202 CLR 115 R v Wilde (1998) 164 CLR 365 |
| DECISION : | 1) Appeal allowed 2) Conviction of appellant quashed 3) New trial ordered. |
| IN THE COURT OF 60225/01 Regina v Ferney SOTO-SANCHEZ 1 STEIN JA: Introduction 2 On 14 December 2000 the appellant, Ferney Soto-Sanchez, was found guilty by a jury of a charge under s 233B of the Customs Act 1901. The indictment maintained that on 4 November 1999 the appellant did, without reasonable excuse, have in his possession prohibited imports which had been imported into Australia, to wit a quantity of cocaine being not less than a commercial quantity. On 23 March 2001 the appellant was sentenced by Acting Judge Woods to imprisonment for a term of 24 years, to date from 4 November 1999, with a non-parole period of 18 years fixed. 3 The appellant appeals against the conviction and also seeks leave to appeal against the sentence. The Crown case 4 The following is an edited summary of the Crown case taken from its written submission: On 6 February 1999 the appellant arrived in Sydney from Columbia. He subsequently obtained rental accommodation in Pyrmont and worked as a labourer. On 8 October 1999 they travelled from Miami to Venezuela. Three weeks later they travelled to Curacao, Netherlands Antilles, and then to Amsterdam, Holland. … On 3 November 1999 they arrived in Sydney airport on a flight from Amsterdam. Silva’s accompanying luggage included a metal suitcase which was later found to contain 12.862 kilograms of 63% pure cocaine powder (totalling 8.105 kilograms of pure cocaine) concealed in two specially constructed video… |
Continue reading R v Soto-Sanchez
Sign in free to access the full text
- AGLC
- R v Soto-Sanchez [2002] NSWCCA 160
- Case
- [2002] NSWCCA 160
- Decision Date
CaseChat Overview and Summary
The High Court examined whether the trial miscarried due to the trial judge's directions to the jury. The Court found that the trial judge's directions were not incorrect or misleading, and therefore the trial did not miscarry. The Court also held that the trial judge's refusal to admit evidence of the respondent's good character was not an error as it would not have assisted the jury in determining the case. Furthermore, the Court held that the cross-examination of the respondent was not offensive, and the trial judge did not err in allowing it. The Court found that the appeal against conviction and sentence should be dismissed.
The High Court dismissed the appeal against conviction and sentence. The Court held that the trial judge's directions to the jury were not incorrect or misleading, and therefore the trial did not miscarry. The Court also held that the trial judge's refusal to admit evidence of the respondent's good character was not an error, and the cross-examination of the respondent was not offensive. The Court found that the appeal against conviction and sentence should be dismissed. Therefore, the conviction and sentence of the respondent stand.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.