NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SCICLUNA v R [2007] NSWCCA 120
HEARING DATE(S): 6 October 2006
JUDGMENT DATE: 30 April 2007
JUDGMENT OF: McClellan CJ at CL at 1; Adams J at 25; Howie J at 1
DECISION: By majority appeal against conviction dismissed
CATCHWORDS: CRIMINAL LAW - Appeal against conviction - 4 counts - knowingly take part in manufacture of methylamphetamine - supply methylamphetamine - possession of precursor - possession of prohibited weapon - failure by trial judge to direct Not Guilty verdicts on 2 counts - whether appropriate for trial judge to direct jury that it could take into account findings in respect of one charge when determining any other
Evidence Act LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Criminal Appeal Act Crimes (Sentencing Procedure) Act
MFA v The Queen (2002) 213 CLR 606 CASES CITED: R v Amanatidis (2001) 125 A Crim R 89 R v Micallef (2002) 136 A Crim R 127
PARTIES: Stephen Joseph Scicluna (Appl) The Crown
FILE NUMBER(S): CCA 2006/1559
COUNSEL: S M McNaughton (Appl) D C Frearson SC (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/21/1131
LOWER COURT JUDICIAL OFFICER: Hock DCJ
LOWER COURT DATE OF DECISION: 28 October 2005
IN THE COURT OF CRIMINAL APPEAL 2006/1559
McCLELLAN CJ AT CL ADAMS J HOWIE J
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