R v Jenkinson (No. 2) [2022] NSWDC 287

District Court New South Wales

Medium Neutral Citation: R v Jenkinson (No. 2) [2022] NSWDC 287 Hearing dates: 07 & 08 April 2022 Date of orders: 08 April 2022 Decision date: 08 April 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Find the accused guilty of the sole count on the indictment Catchwords: CRIME — Drug offences — Supply prohibited drug CRIME — Drug offences — Supply prohibited drug — Commercial quantity CRIMINAL PROCEDURE — Trial — Judge alone CRIMINAL PROCEDURE — Trial — Judge alone — Reasons of trial judge Legislation Cited: Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Drug Misuse and Trafficking Act 1985 Cases Cited: Fleming v R (1998) 197 CLR 250 Category: Principal judgment Parties: Regina (Crown) Thomas Jenkinson (accused) Representation: Carl Young (Crown Prosecutor) Rory Pettit (Counsel for the accused)

Director of Public Prosecutions (NSW) (Crown) Hamilton Janke Lawyers (accused) File Number(s): 2020/00131225

REVISED EX TEMPORE JudgEment

INTRODUCTION 1. In this matter, the sole issue in the trial was agitated on the voir dire. I gave my judgement and my decision earlier today, upholding the Crown's position regarding the quantity of the drug and its form, satisfying the definition of "admixture" in s 4 Drug Misuse and Trafficking Act 1985. This bare summary is not intended to be, in any way, in place of the far lengthier reasons and my ultimate decision delivered ex tempore.