Page 329 - Magistrates Conference 2019

MISAPPLICATION OF PRINCIPLES

Zoppola – Barrazza [1994] Crim LR 833

 Defendant was charged with the importation of cocaine.

 He had - (i). no previous convictions, and (ii). admitted that on several
occasions he had smuggled gold and jewels into the jurisdiction to

evade duties and taxes.

 Not treated as a man of good character - it would be an affront to
common sense for him to be considered a man of good character.

R v Durbin [1995] 2CR App R 84

 Defendant convicted for the importation of 875 kilos of cannabis.

 He had (i). spent convictions, (ii). admitted lying to the police and
grossly misleading them in their investigations by claiming a false alibi,

and (iii). admitted that he knowingly smuggled goods across Europe in
order to avoid customs duties.

 Treated as a man of good character.