Court of Appeal

R v Tran [2017] QCA 031 (15/310) Margaret McMurdo P and Morrison and Philippides JJA 14 March 2017

Full-text: QCA17-031.pdf


CRIMINAL LAW – APPEAL AND NEW TRIAL –VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPPEAL DISMISSED – where the appellant was convicted of attempting to possess a commercial quantity of an unlawfully imported border controlled drug – where commercial quantities of heroin were concealed and imported in altars – where the appellant assisted with dismantling the altars in a locked shed – where a small group of people had access to the locked shed – where the police searched the shed during the dismantling process and the appellant’s appearance and behaviour suggested he was involved in the dismantling process – where the appellant denied knowledge of heroin but admitted he thought something illegal might have been concealed in the altars – where the respondent submitted that the appellant’s intention to possess the heroin was indicated by his participation – where the jury had the benefit of seeing and hearing the appellant’s evidence – whether on the whole of the evidence it was open to the jury to be satisfied of the appellant’s guilt beyond reasonable doubt