R v Zhang

The case of R v Zhang was heard in the Supreme Court of New South Wales, where the respondent, Zhang, was charged with two counts: the attempted importation of narcotics and the possession of narcotics. The central issue before the court was whether evidence relating to the attempted importation could be admissible in relation to the count of possession and vice versa, under sections 98 and 101 of the Evidence Act 1995 (NSW). Specifically, the court needed to determine if the two events were related and if the evidence had significant probative value, while also considering whether admitting such evidence could occasion a substantial miscarriage of justice.

The court addressed these issues by examining the nature of the events and their relationship. It was established that the attempted importation and possession of narcotics were part of a series of related events, satisfying the criteria under section 98. The court further evaluated the probative value of the evidence, concluding that it was significant in establishing the context and circumstances surrounding the charges. Additionally, the court considered the potential for a miscarriage of justice and determined that the benefits of admitting the evidence outweighed any prejudicial effects. Finally, the court examined the trial judge's summing up, finding that the reference to "it was likely that she knew" did not undermine the standard of proof required for criminal cases, which is beyond reasonable doubt.

The Supreme Court ultimately upheld the convictions, finding that the evidence of the attempted importation was admissible in relation to the possession charge and vice versa. The reasoning provided ensured that the probative value of the evidence was properly balanced against the risk of a miscarriage of justice. The final orders of the court were to confirm the convictions on both counts, with no appeal against conviction or sentence permitted.