In R v Baggaley [2024] QCA 101, Nathan Jon Baggaley's conviction for attempting to import a commercial quantity of cocaine was appealed. He was convicted on 1 April 2021, and sentenced to 25 years' imprisonment with a non-parole period of 12 years. The appellant presented two grounds for appeal: the jury's verdict was unreasonable, and a miscarriage of justice occurred. The Crown's case was circumstantial, surrounding the appellant’s involvement in acquiring and equipping a vessel used in the attempted importation, and his indirect connection to the crime through his brother, Dru Baggaley. Significant evidence included the appellant's fingerprints on the tape used to disguise the boat's registration and encrypted communications hinting at his involvement. However, the case against Dru Baggaley, found incomplete due to not addressing Dru's instructions regarding a critical piece of evidence (the 720 phone). Given Dru's retrial ordered previously, this discrepancy suggested the appellant’s fair trial was compromised, establishing a miscarriage of justice. Consequently, the Court allowed the appeal, set aside the initial verdict, and ordered a retrial for Nathan Jon Baggaley.
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