R v Amanatidis [2001] NSWCCA 400

Reported Decision : 125 A Crim R 89

New South Wales Court of Criminal Appeal

CITATION : R v Amanatidis [2001] NSWCCA 400 FILE NUMBER(S) : CCA 60697/00 HEARING DATE(S) : 6 July 2001 JUDGMENT DATE : 5 October 2001

PARTIES : R v Michael Amanatidis JUDGMENT OF : Giles JA at 1; Hulme J at 15; Adams J at 62

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/31/0338 LOWER COURT JUDICIAL Garling DCJ OFFICER :

COUNSEL : M Sexton SC & P Baker - Crown P Byrne SC & J Barnett - Appellant SOLICITORS : S E O'Connor - Crown Turnbull Hill - Appellant CATCHWORDS : CRIME - deemed possession of heroin - heroin found in locked car - appellant had driven car to where it was found and had keys - heroin was in his custody or control - but appellant's daughter had use of other keys to car and had chattels in car - daughter was a drug user - appellant's knowledge that heroin in car not established by his driving it and having keys - no other evidence capable of establishing knowledge beyond reasonable doubt - conviction quashed. Basto v R (1954) 91 CLR 628; Cumming (1995) 86 A Crim R 156; Domican v R (1991-1992) 173 CLR 555; Edwards v The Queen (1993) 178 CLR 193 He Kaw The v The Queen (1985) 157 CLR 523; CASES CITED: M v The Queen (1994) 181 CLR 487; Moors v Burke (1919) 26 CLR 265; R v Bazeley (CCA, 23 March 1989, unreported); R v Clarke (1995) 78 A Crim R 226; R v Dib (1991) 52 A Crim R 64; R v Filipetti (1984) 13 A Crim R 335; R v Sobolewski (CCA, 21 April 1998, unreported). DECISION : Appeal upheld and conviction quashed.