O’Neill v R [2021] NSWDC 468

District Court New South Wales

Medium Neutral Citation: O'Neill v R [2021] NSWDC 468 Hearing dates: 09 February 2021 Date of orders: 09 February 2021 Decision date: 09 February 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: See [29]-[30] Catchwords: Criminal Law – Conviction Appeal – 2 charges of the deemed supply of prohibited drugs, one charge of supplying GBL, second charge of supply methylamphetamine – Drugs found in search of a unit where A had been staying for 3 weeks – Whether A was sole occupier of unit and whether she knew that there were the prohibited drugs in the unit – Court not satisfied that prosecution proved that A knew of the presence of the GBL in the unit – May have been left there by previous occupier and nothing to alert A to its presence – Conviction re methamphetamine upheld – Aggregate sentence set aside, but indicative sentence for methylamphetamine used and magistrate's finding of special circumstances applied. Legislation Cited: Firearms Act 1996 Cases Cited: He Kaw Teh v The Queen (1985) 157 CLR 523 R v Filippetti (1978) 13 A Crim R 335 Category: Principal judgment Parties: Appellant – Bridget Ann O'Neill Crown – Regina Representation: Appellant – S. Stratton SC of Counsel Crown – D. Gunter, sol. (DPP) File Number(s): 2020/00121154 Publication restriction: Nil. Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Criminal Date of Decision: 08 September 2020 Before: Stewart LCM File Number(s): 2020/00121154