R v Merhi [2020] NSWDC 821

District Court New South Wales

Medium Neutral Citation: R v Merhi [2020] NSWDC 821 Hearing dates: 30 September 2020; 5-16 October 2020; 5 November 2020 Decision date: 05 November 2020 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: VERDICTS - Guilty to Count 1 & Count 3 Guilty to alternate count to Count 2 Not Guilty – Count 4 Catchwords: TRIAL BY JUDGE – knowingly take part in manufacture of large commercial quantity of prohibited drug – supply cannabis – consciousness of guilt – circumstantial evidence – admissions – prior inconsistent statements – recent inventions Legislation Cited: Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Evidence Act 1995 Cases Cited: Fleming v The Queen (1998) 197 CLR 250 Siafakas v R [2016] NSWCCA 100 Category: Principal judgment Parties: Regina (Crown) Joseph Merhi (Accused) Representation: Counsel: Mr N Adams SC (DPP) Mr P Godkin (Accused) File Number(s): 2018/002923 Publication restriction: No

Judgment

Introduction 1. The accused was arraigned on 30 September 2020 in respect of four counts to which he pleaded 'not guilty'. Count 1 is an allegation of, between 1 January 2017 and 29 September 2017 at Galston, taking part in the manufacture of an indictable quantity of a prohibited drug, to wit, methylamphetamine; Count 2 an allegation of, at the same time and place, taking part in the manufacture of a large commercial quantity of a prohibited drug, to wit 3,4-methylenedioxymethylamphetamine (MDMA) and Count 3 is an allegation of, at the same time and place, taking part in the manufacture of a large commercial quantity of a prohibited drug, to wit, Gamma butyrolactone (GBL), each offence being committed on the Crown case in the period of time up to 29 September 2017, the date of the arrest of the accused. Count 4 is an allegation of supply a prohibited drug, to wit cannabis leaf, between 1 January 2017 and 29 September 2017. All charges brought pursuant to the provisions of the Drug Misuse and Trafficking Act 1985 ("the Act" or "DMT") 2. The trial is one by Judge in accordance with the relevant provisions at ss 132 and 132A Criminal Procedure Act, 1986 with the consent of the Crown. The trial was delayed a few days after arraignment to permit counsel for the accused the opportunity to obtain instructions having come into the trial at short notice. Judgment was delayed by my requirement to sit in Wollongong for 2 weeks after submissions concluded on 16 October 2020.