R v Kuroz [2020] NSWDC 427

District Court New South Wales

Medium Neutral Citation: R v Kuroz [2020] NSWDC 427 Hearing dates: 29 – 30 June 2020 (Trial); 1 – 3, 7 – 9, 13 July 2020 (Trial); 7 August 2020 (Judgment) Date of orders: 7 August 2020 Decision date: 07 August 2020 Jurisdiction: Criminal Before: Weber SC DCJ Decision: (1) That the accused is found guilty of counts 1, 2, and 3 on the indictment; (2) That the accused is found not guilty of count 4 on the indictment; (3) That the accused is found guilty of two statutory alternative offences to count 4 pursuant to section 25A(4) of the Drug Misuse and Trafficking Act 1985 (NSW), namely: (i) the supply of prohibited drugs to Athanasios Syrios on or about 9 June 2016, in the amount of 160 MDMA capsules being 13.5 grams, contrary to section 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW); and, (ii) the supply of prohibited drugs of not less than a commercial quantity to unknown persons in the Campbelltown area, such supply being of 140 grams of MDMA, valued at $8000, contrary to section 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). (4) That the Court enter convictions in respect of each offence accordingly. Catchwords: CRIMINAL PROCEDURE — Trial — Judge alone CRIME — Defences — Mental illness – Standard of proof to the civil standard – Burden of proof on the accused – whether the accused was labouring from a defect of reason owing to a disease of the mind as to not know that what he was doing was wrong at the time of the offending – expert evidence of forensic and treating psychiatrists – accused an unreliable historian CRIME — Drug offences — Conspiracy — Supply prohibited drug — Large commercial quantity – whether the accused intended to carry out the agreement CRIME — Drug offences — Supply prohibited drug — Commercial quantities CRIME — Drug offences — Ongoing supply — Availability of alternative verdicts – whether each relevant supply can be made out to the requisite standard of proof Legislation Cited: Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Cases Cited: Fleming v The Queen (1998) 197 CLR 250 Gerakiteys v The Queen (1984) 153 CLR 317 Liberato v The Queen (1985) 159 CLR 507 Peters v The Queen (1998) 192 CLR 493; [1998] HCA 7 Category: Principal judgment Parties: The Director of Public Prosecutions Koray Kuroz Representation: Counsel: Ms M. Fleeton (Crown Prosecutor) Mr R. Pontello SC (Accused)