R v Tinker [2019] NSWDC 945

District Court New South Wales

Medium Neutral Citation: R v Tinker [2019] NSWDC 945 Hearing dates: 18 June 2019; 19 June 2019; 20 June 2019 Date of orders: 22 July 2019 Decision date: 22 July 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Findings of guilt on Counts 1, 4, 5, 6, 7, and 10 (Counts 2, 3, 8 and 9 pleaded to on 18/6/19) Catchwords: Criminal – verdicts and reasons for judgment – judge alone trial – ten counts – drug supply – cannabis leaf, cannabis resin – manufacture of large commercial & supply of commercial quantities of tetrahydrocannabinol - drug possession – cannabis sativa plants – 2 firearms offences, unauthorised possession of a double-barrel shotgun & a paintball gun - deal with the proceeds of crime, $49,830 AUD, reckless as to whether it was the proceeds of crime – Crown and Defence cases detailed – findings Legislation Cited: Crimes Act 1900 Drug (Misuse and Trafficking) Act 1985 Category: Principal judgment Parties: Regina Simon Tinker Representation: Counsel: Crown: Mr P Lynch Accused: Mr A Wong

Solicitors: Crown: Mr W Logan Defence: Mr I Vizintin File Number(s): 2017/00333687; 2017/00333690

Judgment

Introduction 1. On 19 June 2019 the accused Simon TINKER was called for trial. He was arraigned on an indictment that contained 10 charges. He pleaded not guilty to 6 of the charges and guilty to the remaining 4.

Trial by Judge Alone 1. On the day listed for the accused's trial, he elected for trial by judge alone. An election signed by the accused's Counsel, Mr Wong, and containing consent by the Director of Public Prosecutions was filed in court on 19 June 2019.