R v Neal [2022] NSWDC 23

District Court New South Wales

Medium Neutral Citation: R v Neal [2022] NSWDC 23 Hearing dates: 9 February 2022 – 14 February 2022 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Verdicts of Guilty on Counts 1, 2, 3 and 4 on the Indictiment. Catchwords: Robbery – break and enter dwelling house and commit a serious indictable offence – larceny – aggravated (at the time of the break and enter he knew there was a person or persons inside) – supply prohibited drug (methylamphetamine) – break and enter and commit serious indictable offence – circumstantial Crown case. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Drug Misuse & Trafficking Act 1985 Evidence Act 1995 Evidence Act 1995 Road Transport Act 2013 Cases Cited: Amante v R [2020] NSWCCA 34 Goode v Angland [2017] NSWCA 311 Van Der Lely NV v Bamfords Ltd (1963) RPC 61 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Daniel Shane Neal (Accused) Representation: Counsel: C. Dobraszczyk (Crown) B. Robinson (Accused) Solicitors: H. Braid (Crown) H. Shaw (Accused) File Number(s): 18/311358 Publication restriction: Nil

Judgment The evidence in the Crown case Statement of Agreed Facts – Exhibit A "Insignia Hair and Day Spa Rawson Ave Penrith and Methylamphetamine Motor cycle collision The Chicken Run Cranebrook Search warrants Evidence of Melissa Byrne Evidence of Alix Smithard Evidence of Oliver Scroope Evidence of Sergeant Simon Kleyn Evidence of Senior Constable Michael Smith Evidence of Senior Constable Phillip Colburn Constable Thomas Verhelst Evidence of Senior Constable Bethany Elder Evidence of Senior Constable Benjamin Collings Evidence of Sienna Heidi Collins The evidence of the Officer in Charge, Detective Senior Constable Tyler Ryan Evidence of Melanie Phillips The accused's evidence Cross-examination of the accused The Crown address The accused's address Directions of law Findings of fact Determination Order