R v Sukkar

Case [2005] NSWCCA 54


CITATION:

Regina v SUKKAR [2005] NSWCCA 54

HEARING DATE(S): 22/7/04, 20/12/04
 
JUDGMENT DATE: 


16 March 2005

JUDGMENT OF:

Wood CJ at CL at 1; Hidden J at 155; Smart AJ at 156

DECISION:

1.Appeal dismissed; 2.Crown appeal against sentence dismissed; 3.Leave granted to the Appellant to appeal against sentence; 4.Appellant's appeal against sentence dismissed.

CATCHWORDS:

Criminal law - importation of ecstasy tablets - being knowingly involved in importation - Customs and Police surveillance -controlled delivery - intercepted telephone calls and recorded conversations - extent of importation process - whether verdict reasonable or supported by evidence.

LEGISLATION CITED:

Crimes Act 1900 - s 16G

CASES CITED:

B v The Queen (1992) 63 A Crim R 225
Chai v The Queen (2002) 76 ALJR 628
Domican v The Queen (1992) 173 CLR 555
Green v The Queen (1971) 126 CLR 28
Harriman v The Queen (1989) 167 CLR 590
Jones v The Queen (1997) 191 CLR 439
M v The Queen (1994) 181 CLR 487
Pemble v The Queen (1971) 124 CLR 107
R v Bartle [2003] NSWCCA 329
R v Broadhurst [1964] AC 441
R v Chan (2002) 131 A Crim R 66
R v Courtney-Smith (No. 2) (1990) 48 A Crim R 49
R v Doney (1988) 37 A Crim R 288
R v Hannes (2000) 158 FLR 359
R v Kwong Yue Cheung SCWA CCA 28 October 1997
R v Lam (1990) 46 A Crim R 402
R v Leff (1996) 86 A Crim R 212
R v Mai (1992) 26 NSWLR 371
R v Malone NSWCCA 20 April 1994
R v Meher [2004] NSWCCA 355
R v Quach [2002] NSWCCA 519
R v Prasad [2004] NSWCCA 293
R v Schmahl [1965] VR 745
R v Shepherd [2003] NSWCCA 287
R v Taousanis [1999] NSWSC 107
R v Tillot (1991) 53 A Crim R 46
R v Tomazos NSWCCA 6 August 1971
R v Williams (1990) 50 A Crim R 213
R v Zorad (1990) 19 NSWLR 91
Stokes v The Queen (1960) 105 CLR 279
Tripodi v The Queen (1961) 104 CLR 1

PARTIES:

Regina
Steven Sukkar

FILE NUMBER(S):

CCA 2004/1918, 2004/1673

COUNSEL:

R Sutherland (Crown)
B Stratton QC

SOLICITORS:

Commonwealth Director of Public Prosecutions
Uther Webster and Evans

LOWER COURT JURISDICTION:

District Court

LOWER COURT FILE NUMBER(S):

02/11/1216

LOWER COURT JUDICIAL OFFICER:

Acting Judge Andrew



                          2004/1918
                          2004/1673

                          WOOD CJ at CL
                          HIDDEN J
                          SMART AJ

                          Regina v Steven SUKKAR
      Facts: The Appellant stood trial and was convicted on a charge of being knowingly concerned in the importation of narcotic goods, namely “ecstasy” tablets to the value of between $7.2M and $12M. He was sentenced on 19 December 2003 to imprisonment for fourteen years with a non-parole period of nine years. The tablets had been concealed in 48 columns in a shipping container which was transported by ship from Belgium. They were intercepted in Brisbane by Customs and Police, who initiated a controlled delivery.
      The Crown case was that the Appellant’s knowing concern was demonstrated by his participation…

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AGLC
R v Sukkar [2005] NSWCCA 54
Case
[2005] NSWCCA 54
Decision Date

CaseChat Overview and Summary

The case of R v Sukkar involved the respondent, Sukkar, who was convicted for being knowingly involved in the importation of a substantial quantity of ecstasy tablets into Australia. The dispute arose from a complex investigation involving customs and police surveillance, culminating in a controlled delivery of the drugs. The case was heard in a court of criminal jurisdiction, which examined the validity of the evidence obtained through intercepted telephone calls and recorded conversations.

The central legal issues revolved around the sufficiency and admissibility of the evidence obtained through surveillance, and whether it was sufficient to establish the respondent's knowledge and involvement in the importation process. The court had to consider the extent to which the intercepted communications and controlled delivery could substantiate the charges against Sukkar. Additionally, the court examined whether the jury's verdict was reasonable and adequately supported by the evidence presented.

In reaching its decision, the court thoroughly reviewed the investigative techniques used, including the interception of telephone calls and the recording of conversations, which were pivotal in establishing the respondent's involvement. The court concluded that the evidence, when viewed as a whole, was sufficient to support the jury's verdict. The controlled delivery, in conjunction with the intercepted communications, provided a clear chain of events that implicated Sukkar in the importation of the ecstasy tablets. The court found that the jury's conclusion was reasonable, given the weight of the evidence.

The final orders of the court upheld the conviction, affirming that the evidence was adequate to establish the respondent's knowledge and involvement in the importation of the drugs. The appeals against the conviction and sentence were dismissed, with the court confirming the jury's verdict as being well-supported by the presented 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

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