R v Haouchar [2025] NSWDC 47

District Court New South Wales

Medium Neutral Citation: R v Haouchar [2025] NSWDC 47 Hearing dates: 17, 18, 19, 20, 21, 24, 27 February 2025 Date of orders: 10 March 2025 Decision date: 10 March 2025 Jurisdiction: Criminal Before: Grant DCJ Decision: 1. The accused is found guilty of Counts 3,5,6 and 7. 2. The accused is found not guilty of Counts 1,2, 4, 8,9,10 and 13. 3. The accused is found not guilty of Count 11, but guilty to the statutory alternative of deemed supply of a commercial quantity (of cocaine). 4. The accused is found guilty of Count 12, supply of 188.5 grams (of methylamphetamine). Catchwords: Judge alone trial – firearms and drugs found on unoccupied property – firearms, drugs and participation in criminal activity offences – joint criminal enterprise – circumstantial case – accused's DNA and fingerprints found on various items within property – DNA of known and unknown persons found of various items within property – DNA and fingerprint evidence not challenged – defence case of "transference" – verdicts of guilty and not guilty. Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW) Firearms Act 1996 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Barker v The Queen (1975) 133 CLR 82 Fleming v The Queen (1998) 197 CLR 250 R v Markuleski (2001) 52 NSWLR 82 The Queen v Baden-Clay (2016) 258 CLR 308 Wiggins v The Queen [2020] NSWCCA 256 Category: Principal judgment Parties: Rex (Crown) Mahamad Haouchar (Accused) Representation: Counsel: Mr A Norrie (Crown) Mr R Pettit (Accused)