Full Court Minute Books

Case S223/2018

McKell v. The Queen

Case No.


Case Information

Lower Court Judgment

8/12/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Payne JA, Beech-Jones J, Fagan J)

[2017] NSWCCA 291


Criminal law – Trial by jury – Summing up – Where appellant intercepted two consignments between arrival in Sydney and transfer to freight forwarding agency – Where second consignment contained prohibited drug – Where appellant charged with importing commercial quantity of prohibited drug, conspiring to import commercial quantity of prohibited drug and dealing with proceeds of crime – Where appellant tried before jury – Where trial judge commented on evidence in summing up – Where appellant convicted of charges – Where majority of Court of Appeal dismissed appeal against convictions – Whether majority of Court of Appeal erred in failing to find trial judge’s summing up unbalanced and caused miscarriage of justice.

Short particulars


17/08/2018 Hearing (SLA, Sydney)

29/08/2018 Notice of appeal

05/10/2018 Written submissions (Appellant)

05/10/2018 Chronology (Appellant)

02/11/2018 Written submissions (Respondent)

16/11/2018 Reply

07/12/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

07/12/2018 Outline of oral argument (Appellant)

07/12/2018 Outline of oral argument (Respondent)

13/02/2019 Judgment (Judgment summary)