R v Su, Katsuno, Asami and Honda

Judgment date: 15/12/1995
Court: VSCA
Judge: Winneke P, Hayne JA and Southwell AJA
Citation: (1995) 129 FLR 120; [1997] 1 VR 1; BC9502564;
Catchwords: Criminal law;  Juries;  Jury selection;  Non-disqualifying prior convictions of jury panel member;  

Evidence;  Compellability;  Accused in criminal proceedings;  Comment by prosecution on failure to give evidence;  

Criminal law;  Intent;  Establishment of intention;  Importation of drugs;  

Criminal law;  Prosecution;  Prosecutors' duties;  Calling of witnesses;  

Criminal law;  Juries;  Discharge of jury;  Whether judge erred in failing to discharge jury;  

Evidence;  Hearsay;  Conspiracy;  Statements in furtherance of common design;  

Evidence;  Admissibility;  Discretionary exclusion of evidence;  Statements made under arrest where accused not cautioned;  

Police and emergency services;  Arrests;  Whether accused under arrest for Commonwealth offence;  Where detained for purpose of determining entitlement to visa;  

Evidence;  Confession;  Voluntariness;  Whether induced by an untrue representation;  

Evidence;  Admissions;  Exculpatory statements accompanying admissions made out of court;  Whether trial judge had discretion to exclude;  

Criminal law;  Sentencing;  Importation of heroin;  Considerations where accused foreign;