R -v- DANA ULMAN-NARUNIEC
[2002] SADC 118
HIS HONOUR JUDGE ROBERTSON
CRIMINAL
REASONS FOR RULING IN THE MATTER OF ULMAN-NARUNIEC
Nature of the Prosecution
The accused is charged with being knowingly concerned in the importation into Australia of a prohibited import contrary to Section 233B(1)(d) of the Customs Act 1901. Particulars of the offence are that between 31 March 1998 and 5 November 1998 at Adelaide she was knowingly concerned in the importation into Australia of a prohibited import, being 1.3471 kilograms of 3,4 methylenedioxymethamphetamine, being not less than a commercial quantity.
Briefly, it is the Crown case that the accused engaged in a joint criminal enterprise with her estranged husband Sam Naruniec to import into Australia approximately 22,000 tablets containing the drug commonly known as ecstasy. It is alleged by the Crown that the tablets entered Australia by post in late October 1998, secreted in the speaker boxes of a stereo system. The parcel containing the stereo system and the tablets, was addressed to “Sam Naruniec, 4 Abberton Street, Flagstaff Hill”. That address is the residence of the accused. It is alleged that the stereo system and tablets were sent by Sam Naruniec from Europe.
The prosecution alleges that it discovered the presence of the tablets upon the entry of the parcel into Australia and on 29 October 1998 removed the tablets from the two speakers. It is alleged that the Federal Police substituted most of the tablets with tablets which did not contain a prohibited drug and the parcel was resealed. The parcel was then delivered to the Flagstaff Hill Post Office. It is not in dispute that on 3 November 1998 the accused collected the parcel, containing the stereo system from the Flagstaff Hill Post Office. The accused attended the Post Office following the receipt by her of a card from the Post Office requesting she collect the parcel. It is alleged that on 4 November the accused removed the tablets from the speakers and placed them in bags. It is further alleged that the accused removed the tablets from the stereo as a result of instructions she had received from Sam Naruniec. Shortly after the removal of the tablets the Federal Police attended the accused’s premises and seized the tablets and the stereo system.
In a Record of Interview with the Federal Police the accused said she did not know that the parcel contained narcotics. She said it was her belief that the parcel contained Viagra based on information given to her by Sam Naruniec.
I was informed early in the voir dire hearing that the issue in the Trial is the accused’s state of knowledge. The accused denies that she was engaged in a joint enterprise to import narcotics. She asserts that her state of knowledge in November 1998 was that the parcel contained Viagra tablets and not narcotics.
History of the Proceedings
The accused was charged with the offence on 11 November 1998, after being interviewed by the Federal Police. An Information…
Keep reading for free
Create a free CaseChat account to read R v Ulman-Naruniec No. DCCRM-99-339 and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2002] SADC 118
- Decision Date
CaseChat Overview and Summary
The court ruled that the money transfer evidence was admissible as it was relevant to the issue of the accused's knowledge. The court found that the circumstantial evidence presented by the prosecution, including the money transfer evidence, was sufficient to prove the accused's involvement in the joint criminal enterprise. The court also found that the Dziki evidence, while relevant, did not render the money transfer evidence inadmissible. The court concluded that the accused had not demonstrated that the non-disclosure of the Dziki material would result in an unfair trial or an abuse of process.
The court held that the application for a stay of proceedings was not warranted as the accused had not shown that the continuation of the prosecution was inconsistent with the purposes of the criminal justice system. The court found that the failure to disclose the Dziki material did not prevent the accused from obtaining a fair trial, and that the accused had not demonstrated that the non-disclosure was deliberate or oppressive. The court also noted that the accused had not shown that the Dziki evidence would lead to a different outcome in the trial, and that the prosecution could still present its case based on the other evidence available.
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.