NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v Prochilo [2003] NSWCCA 265 HEARING DATE(S) : 11 February 2003 JUDGMENT DATE : 19 September 2003
JUDGMENT OF : Beazley JA at 1; Greg James J at 2; Smart AJ at 3 DECISION : Appeal against conviction dismissed.
CATCHWORDS : Supply of prohibited drug - Evidence established joint enterprise not a case of conspiracy - Proof of participation in joint enterprise may be established by other than presence at scene of supply - Agreement as essence of joint criminal enterprise emphasised - Directions not confusing - Jury told what activities constituted the supply and what supply meant - What taped conversation could be considered and the use to be made of them - Facts supported "supply" and adequate directions given as to elements of "supply" and material facts - no error in admitting challenged evidence and in directions given as to its use. LEGISLATION CITED : Drug Misuse and Trafficking Act (1985) Evidence Act (1995) Osland v. The Queen (1998) 197 CLR 316 R v. Lowery and King (No 2) (1972) VLR 560 CASES CITED : Tangye (1997) 92 A Crim R 545 Ahern v. The Queen (1988) 165 CLR 87 Carusi and Casser (1989) 17 NSWLR 516 PARTIES : Appellant: Francesco Rocco Prochilo Respondent: Regina FILE NUMBER(S) : CCA 60024/02 COUNSEL : Appellant: J. Papayanni Respondent: D. Frearson SOLICITORS : Appellant: Jeffreys and Associates Respondent: S.E. O'Connor
LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0167 FILE NUMBER(S) : LOWER COURT Norrish DCJ JUDICIAL OFFICER :
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