Leung v R [2003] NSWCCA 51 (1 May 2003)

[2003] NSWCCA 51

Criminal law

Evidence

Attempt to obtain possession of narcotic goods

More than commercial quantity

Circumstantial case

Prior entry into Australia using false name and documents

False banking and other documentation

Knowledge of goods in possession of accused

Suspicious circumstances combined with failure to make inquiry

Wilful blindness

Specific direction not required

Propensity

Character

Flight

Lies

Credibility

Ambit of s 108(3) of  Evidence Act 1995

Section 108(3) not limited to the particular witness in the witness box against whom relevant allegation made

Limitation on use of prior consistent statement admitted only under s 108(3)

Procedure to be adopted in relation to evidence concerning prior consistent statement

Error

No miscarriage of justice

Role of Appellant more than mere courier, not mastermind but performing organisational role in relevant criminal enterprise

Evidence Act: ss 55, 66, 97(1), 100, 102, 103, 108(3), 112, 135, 137, 190(2), 192; Part 3.8