A circumstantial prosecution case based on the combined force of telephone records, flight records, mobile phone cell tower data and other evidence cannot be undermined by demonstrating that individual pieces of circumstantial evidence are insufficient standing alone. Cross-examination by counsel for a co-accused putting the co-accused's defence to the applicant, including that the applicant was the co-accused's employer in a criminal enterprise, does not occasion a miscarriage of justice where the inferences suggested have a sound basis in the admissible evidence and any potential prejudice is ameliorated by judicial directions. A total effective sentence of 35 years with 25 years non-parole for three separate episodes of commercial drug importation over two and a half years is not crushing or in breach of the totality principle where each episode is separate in its arrangements and personnel.
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