R v Hamzy [2022] NSWDC 99

District Court New South Wales

Medium Neutral Citation: R v Hamzy [2022] NSWDC 99 Hearing dates: 24, 25, 27 January 2022 Date of orders: 04 March 2022 Decision date: 04 March 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: The application, by the accused Hamzy, for a temporary stay of proceedings is refused Catchwords: CRIMINAL PROCEDURE — Stay of proceedings — Temporary Legislation Cited: Crimes Act 1900 Drug Misuse and Trafficking Act 1985 Evidence Act 1995 Cases Cited: Kalid Kaddour v R [2013] NSWCCA 243 Category: Principal judgment Parties: Regina (Crown) Bassam Hamzy (Accused) Representation: John Sfinas (Crown Prosecutor)

Bassam Hamzy (self-represented on the application for a stay of proceedings)

Director of Public Prosecutions (NSW) (Crown) File Number(s): 2019/00206000 Publication restriction: No publication of the names of Witness A and Witness I or of any information which may enable their identities to be ascertained

REVISED EX TEMPORE JudgEment

INTRODUCTION 1. Bassam Hamzy and Martin Alan Churchill are for trial on 9 May 2022, at this stage before me, upon an indictment with four counts. 2. Mr Hamzy is charged with an offence of supplying 452.8 grams of methylamphetamine, an amount of less than the commercial quantity applicable to that drug, contrary to s 25(2) Drug Misuse and Trafficking Act 1985. Martin Churchill is charged with an offence of being knowingly concerned in the supply of that same quantity of drug, contrary to s 25(2) of the Act. Count 3 is against both accused alleging that they dealt with the proceeds of crime, namely, $14,000, contrary to s 193B(2) Crimes Act 1900, and both are charged in count 4 with arranging money to be provided to a man intending to hinder the apprehension of that man who had committed a serious indictable offence, contrary to s 315(1)(c) Crimes Act 1900.