R v Trinh [2020] NSWDC 688

District Court New South Wales

Medium Neutral Citation: R v Trinh [2020] NSWDC 688 Hearing dates: 2, 3, November 2020 Decision date: 04 November 2020 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: The Accused is found not guilty Catchwords: CRIMINAL LAW – Knowingly take part in the cultivation of prohibited plant not less than commercial quantity – By enhanced indoor means – Judge alone trial – Initial lease entered in false name by Accused's husband and subsequently expired – Accused not a signatory to the lease – Accused was point of contact with landlord and paid rent – 97 cannabis plants found at premises – Accused's DNA could not be excluded from mask found at premises – Character evidence – Expert evidence on DNA and on use of electricity at the premises – Circumstantial case – Inferences – Evidence did not establish that the Accused knowingly took part in cultivation – Accused found not guilty Legislation Cited: Criminal Procedure Act 1986 (NSW), s 133 Drug Misuse and Trafficking Act 1985 (NSW), ss 6, 23(2)(a), 43 Evidence Act 1995 (NSW), s 177 Road Transport Act 2013 (NSW), s 257 Cases Cited: Filippou v The Queen [2015] HCA 29; (2015) 256 CLR 47 Fleming v R (1998) 197 CLR 250 R v Tao [1977] 1 QB 141 Category: Principal judgment Parties: Regina (Crown) Thi Thuy Trinh (Accused) Representation: Counsel: Mr J. Overall (Accused)

Solicitors: Director of Public Prosecutions (Crown) Skopelja Solicitors (Accused) File Number(s): 2019/230936