R v Stavrinos [2003] NSWCCA 339

Reported Decision : 140 A Crim R 595

New South Wales Court of Criminal Appeal

CITATION : R v Stavrinos [2003] NSWCCA 339 HEARING DATE(S) : 11 November 2003 JUDGMENT DATE : 9 December 2003

JUDGMENT OF : Barr J at 1; Greg James J at 27; Miles AJ at 28 DECISION : Allow the appeal. Quash the convictions and direct the entry of verdicts of acquittal.

CATCHWORDS : Criminal law - accused's right to silence - whether breached by Crown Prosecutor's closing address - whether consequent direction appropriate. LEGISLATION CITED : Criminal Appeal Act s8 CASES CITED : Petty and Maiden v The Queen (1991) 173 CLR 95 King v The Queen (1986) 161 CLR 423 PARTIES : Regina Anthony Stavrinos FILE NUMBER(S) : CCA 60399/03 COUNSEL : Applicant: S J Odgers SC Crown: D C Frearson SOLICITORS : Applicant: R Day Crown: S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/1145 FILE NUMBER(S) : LOWER COURT Shillington ADCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 060399/03

BARR J GREG JAMES J MILES AJ Tuesday, 9 December 2003 R v Anthony STAVRINOS Judgment 1 BARR J: The appellant Anthony Stavrinos appeals against convictions entered in the District Court and seeks leave to appeal against the resulting sentences. On 23 April 2002 the jury found him guilty of supplying the drug 3,4 methylenedioxymethamphetamine (MDMA) also known as ecstasy, on each of two occasions. On 6 June 2003 Shillington QC ADCJ sentenced him to two concurrent terms of imprisonment, each for two years with a non-parole period of one year. 2 The first occasion was late at night on 24 January 2002. The police had been watching the appellant for some time and followed him to a car park at the Spit. Another car arrived at that place at about the same time. The appellant and the driver of the other car got out of their cars and walked a little distance and spoke. The other driver re-entered his car and drove away. The police did not stop him. They spoke to the appellant and searched his car. They found quantities of two drugs in the car, namely 3,4 methylenedioxymethamphetamine (MDMA), or Ecstasy and 3,4 methylenedioxyamphetamine (MDA), or Speed. The amount of Ecstasy exceeded the trafficable quantity, but the amount of Speed was less than the trafficable quantity. 3 Over the next few hours the police searched the house where the applicant was living. In his bedroom they found further quantities of prohibited drugs and a number of resealable plastic bags. They also found a briefcase containing several envelopes, each containing amounts of cash. The total sum so found exceeded $17,000. Also in the briefcase were Ecstasy and Speed, a number of resealable plastic bags and a number of manilla folders containing the appellant's personal papers. 4 The amount of Ecstasy found in the appellant's bedroom exceeded the trafficable quantity. The Speed weighed less than the trafficable quantity.