NSW Caselaw
Reported Decision : 160 A Crim R 218
New South Wales Court of Criminal Appeal
CITATION: REGINA v YILDIZ [2006] NSWCCA 97
HEARING DATE(S): 18/11/05
JUDGMENT DATE: 5 April 2006
JUDGMENT OF: Simpson J at 1; Adams J at 42; Hoeben J at 101
DECISION: Appeal against conviction dismissed. Application for leave to appeal against sentence granted- appeal dismissed.
CATCHWORDS: Conviction appeal - Supply of prohibited drugs - alleged agreement to supply drugs found in possession of accused on arrest - Crown case relied on agreement and deemed supply - whether duplicity - whether verdict unanimous - proviso - Sentence appeal - significance of standard non-parole period - inherent fact treated as aggravating feature
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 ss 3, 21A(2)(n), 25, 29 , 33 Crimes (Sentencing Procedure) Act 1999 ss 54A, 54B(4)
Walsh v Tattersall [1996] HCA 26; 188 CLR 66 Elyard v The Queen [2006] NSWCCA 43 S v The Queen [1989] HCA 66; 168 CLR 266 Weiss v The Queen [2005] HCA 81 CASES CITED: The Queen v McNamara [2005] NSWCCA 195 R v AJP (2004) 150 A Crim R 575 Rv Way (2004) 60 NSWLR 168 R v Porteous [2005] NSWCCA 115 R v Walker [2005] NSWCCA 109 Rv Mills [2005] NSWCCA 175
Regina
PARTIES: v
Hakan YILDIZ (Appellant)
FILE NUMBER(S): CCA CCA 2005/1287
COUNSEL: Crown: Ms N Noman Appellant: Mr P Boulten SC
SOLICITORS: Crown: S Kavanagh (Solicitor for Public Prosecutions) Appellant: P Hardin of HARDINLAW
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