Case Brief Model Answer

Citation: Zahrooni v R [2010] NSWCCA 252

Court: The Court of Criminal Appeal (‘CCA’) (Simpson J (Hoeben and RA Hulme JJ agreeing))

Procedural History: Trial – New South Wales Court of Criminal Appeal.

Facts: Zahrooni was caught in the possession of prohibited drug substances, a large sum of money and a convicting text message.¹

Issues: Had the judge that initially found Zahrooni guilty and convicted him failed to take account of Mr. Zahrooni’s actual degree of involvement/ dealing with convicting money and property?²

Reasoning: Causation may be satisfied where the judge failed to impartially consider the extent to and more so the conditions under which Mr. Zahrooni was involved with the property and the money “one of the conditions which were jointly necessary to determine his innocence or guilt”.³ 

The appeal must be dismissed “if there is sufficient evidence (even if tenuous or inherently weak or vague) which can be taken into account by the court of appeal … and that evidence is capable of supporting a verdict of guilty”.⁴

Two crucial conclusions must have been open to the Court of Appeal Judge on the evidence:

1. The person deals with money or other property; and.⁵ Zahrooni is found in possession of “69 grams – more than double the trafficable quantity,” a questionable and considerably large sum of money and a text message further proving his guilt.⁶

2. It is reasonable to suspect that the money or property is proceeds of indictable crime; and⁷. The evidence of the victim’s illegal possession, trading and overall dealing⁸ with money and property that are proceeds of crime, was sufficient. ⁹

Ratio: As per Simpson J (and Hoeben and RA Hulme JJ agreeing) found the accused to be both a user and abuser of equated to “dealing with” property and money regarded as the proceeds of crime.

Order: The appeal was dismissed. ¹⁰

Bibliography

Articles/Books/Reports

Simon, Matthew, and Jill Slay. “Investigating modern communication technologies: the effect of internet-based communication technologies on the investigation process. (2011) 4” Journal of Digital Forensics, Security and Law 6, no. 4.

The Public Defenders, Court of Criminal Appeal Update : Review of 2010 (March 2011) <https://www.publicdefenders.nsw.gov.au/Pages/public_defenders_research/Papers%20by%20Public%20Defenders/public_defenders_ccasentencinglawupdate2010.aspx>

Cases

Zahrooni v R; Director of Public Prosecutions (NSW) v Zahrooni [2010] NSWCCA 252 2010, New South Wales Court of Criminal Appeal.

Legislation

The Crimes Act 1900 (NSW)

The Criminal Code Act 1995