CITATION: Regina v Muri Junior Balogun [2004] NSWCCA 72 HEARING DATE(S): 9 February 2004 JUDGMENT DATE:
26 March 2004JUDGMENT OF: Sully J at 1; James J at 31; Hulme J at 32 DECISION: Appeal against conviction dismissed; Leave granted to appeal against sentence; Appeal against sentence dismissed LEGISLATION CITED: Customs Act 1901 (C'th)
Evidence Act 1995 (NSW)
Crimes Act 1914 (C'th)CASES CITED: Domican v The Queen (1992) 173 CLR 555
Festa v The Queen (2001) 208 CLR 593
Reg v Coe [2002] NSWCCA 385PARTIES :
Regina
Muri Junior BalogunFILE NUMBER(S): CCA 60395/03 COUNSEL: M. Cinque - Crown
M. Bozic SC - AppellantSOLICITORS: Commonwealth Director of Public Prosecutions - Crown
Legal Aid Commission of NSW - Appellant
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 02/11/0496 LOWER COURT
JUDICIAL OFFICER :Holt ADCJ
60395/03
26 March 2004SULLY J
JAMES J
HULME J
1 SULLY J: The appellant, Mr. Balogun, stood trial in the District Court in November 2002 before his Honour Acting Judge Holt QC and a jury. The appellant was charged with having attempted, without reasonable excuse, to have in his possession a prohibited import, namely, a quantity of 3,4-Methylenedioxymethylamphetamine, (“MDMA”), being not less than the commercial quantity, which had been imported into Australia in contravention of the Customs Act 1901 (C’th). Such an offence contravenes section 233B(1)(c) of the Customs Act; and it attracts upon conviction a statutory maximum penalty of, relevantly, imprisonment for life.
2 The appellant was found guilty as charged; and he was subsequently sentenced to imprisonment for 8 years with a non-parole period of 5 years. He appeals against his conviction and applies for leave to appeal against his sentence.
The Appeal against Conviction
3 One ground only was argued, namely:
- “His Honour erred in his directions in relation to identification evidence in that it failed to sufficiently inform the jury of the particular circumstances of the Appellant’s case requiring a need for caution before accepting the identification evidence.”
4 The identification evidence in question was given by a Federal Agent named Ferlazzo.
5 For a convenient over-view of the relevant facts, it is convenient to quote as follows from Judge Holt’s remarks on sentence:
- “On 15 February 2002 an EMS Parcel Force world-wide package air ways bill, EE9357561381GB was dispatched from the United Kingdom. The consignor was shown as “Hamleys 188-196 Regent Street, London UK, WIB5B B”. The package was said to contain children’s toys. The package was consigned to Mrs. Lisa Stokes, 64 Dennison Street, Bondi Junction, New South Wales, Australia, 2022.
- On 20 February 2002 members of the Australian Customs Service (ACS) at the Qantas mail handling unit examined the package. The package was a brown cardboard box, about 40 centimetres by 34 centimetres by 31 centimetres. Inside the cardboard box were three small cardboard boxes purportedly containing the children’s toys, each of which was wrapped in “Hamleys” red wrapping paper. Each of these boxes was found to…
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- AGLC
- Regina v Muri Junior Balogun [2004] NSWCCA 72
- Case
- [2004] NSWCCA 72
- Decision Date
CaseChat Overview and Summary
The Court dismissed the appeal against conviction, holding that the trial judge's instructions to the jury on the identification evidence were sufficient and that the appellant failed to demonstrate any substantial miscarriage of justice. Furthermore, the Court found the circumstantial evidence against the appellant to be very strong, making the identification evidence, while important, not crucial to the outcome. The Court granted leave to appeal against the sentence but dismissed the appeal, concluding that the original sentence was appropriate given the seriousness of the offence and the appellant's role as an internal courier.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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