Regina v Noe [2007] NSWDC 312

New South Wales District Court

CITATION: Regina v Noe [2007] NSWDC 312

HEARING DATE(S): 26 - 30 November 2007

JUDGMENT DATE: 30 November 2007

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

DECISION: Verdict of guilty

CATCHWORDS: Deemed supply of prohibited drug - judge alone trial - circumstantial evidence of possession - lies evidencing consciousness of guilty

PARTIES: Regina Antonio Noe

FILE NUMBER(S): 07/41/0077

COUNSEL: Ms J Healey (Defence)

SOLICITORS: Ms K Ratcliffe (Crown) Ms N Keay (Defence)

JUDGMENT

Uncontested Facts

1 At about 6.40pm on 17 August 2006, a black Nissan vehicle arrived at 13 Hercules Street, Coniston, where Leo Efstathiadis resided. The vehicle entered the underground carpark. The driver got out of the vehicle and stood in the driveway with Efstathiadis.

2 At about 7pm, the accused arrived in a blue Commodore vehicle. The accused and Simo Todorovski exited the rear of the Commodore vehicle and met with Efstathiadis and the other man. The garage door opened and the four men entered the garage.

3 A few minutes later, a maroon Nissan vehicle left the garage with four occupants. The accused and Todorovski were in the rear seat. After a short drive around the immediate area, the vehicle returned to near 13 Hercules Street, where it parked for a few minutes.

4 The accused and Todorovski got out of the maroon Nissan. They re-entered the blue Commodore, and that vehicle drove off. The accused was in the near-side rear seat and Todorovski was in the off-side rear seat. Luke Borg was the driver. Clay Trevena was the front passenger.

5 Police followed the Commodore for a short distance (Exhibit C). At about 7.15pm, they stopped the vehicle. All occupants were fidgeting. The accused had his right hand behind his right buttock.