R v Drygan [2009] NSWDC 249

New South Wales District Court

CITATION: R v Drygan [2009] NSWDC 249

HEARING DATE(S): 8 - 11 September 2009

JUDGMENT DATE: 14 September 2009

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: CRIMINAL LAW - Judge alone trial - particular offences - offences against the person - drug offences - possession - possession for supply - abandonment of drug

LEGISLATION CITED: Drug (Misuse and Trafficking) Act 1985 s 25

PARTIES: Regina Rene John DRYGAN

FILE NUMBER(S): 2009/00006015

COUNSEL: M Fernandez for the Crown J Healey for the accused

SOLICITORS: NSW Director of Public Prosecutions Mark Douglass Criminal Law

1 On 7 September 2009, the accused filed an election to be tried by judge alone to which the Director of Public Prosecutions had consented. I was satisfied that, before he made the election, the accused had sought and received advice from a legal practitioner.

2 On 8 September 2009, the accused was arraigned and pleaded not guilty to the charge that, on 10 September 2008 at Woollamia, he supplied the prohibited drug cannabis leaf (particularised as 9708.5g).

General Directions

3 The Crown has the task of proving the accused's guilt beyond reasonable doubt. The Crown does not have to prove the truth of each statement of each Crown witness. What the Crown must prove beyond reasonable doubt is each legal element of the charge. If I have a reasonable doubt in relation to whether the Crown has proved any element that it is required to prove, I must return a verdict of not guilty. In this trial, the Crown case is one of "deemed supply". Consequently, if the Crown proves the legal elements that it is required to prove, including possession of the prohibited drug, the onus shifts to the accused to prove on the balance of probabilities that he possessed the drug for a purpose other than supply.