RISTEVSKI v R [2007] NSWCCA 87

New South Wales Court of Criminal Appeal

CITATION: RISTEVSKI v R [2007] NSWCCA 87

HEARING DATE(S): 14 February 2007

JUDGMENT DATE: 2 April 2007

JUDGMENT OF: McClellan CJ at CL at 1; Bell J at 37; Howie J at 38

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW - Appeal against conviction - supply prohibited drug - cocaine - flee to escape arrest - running away from police with drugs - evidence of flight - directions to jury - whether trial judge failed to give directions on evidence of flight - whether flight was evidence of consciousness of guilt

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999

CASES CITED: Edwards v The Queen (1993) 178 CLR 193 R v Cook [2004] NSWCCA 52

PARTIES: Saso Ristevski (Appl) The Crown

FILE NUMBER(S): CCA 2006/2529

COUNSEL: G Scragg (Appl) V Lydiard (Crown)

SOLICITORS: John Bettens Lawyers (Appl) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0332

LOWER COURT JUDICIAL OFFICER: Payne DCJ

LOWER COURT DATE OF DECISION: 12 January 2005

IN THE COURT OF CRIMINAL APPEAL 2006/2529

McCLELLAN CJ at CL BELL J HOWIE J

MONDAY 2 APRIL 2007 RISTEVSKI, Saso v R Judgment 1 McCLELLAN CJ at CL: The appellant was tried and convicted upon an indictment which contained one count in the following terms: "On 8 January 2004 at Sydney in the State of New South Wales, supplied a prohibited drug, namely, cocaine, in an amount of 500.3 grams, being an amount not less than the commercial quantity for that drug." 2 The charge was laid pursuant to s 25(2) of the Drug Misuse and Trafficking Act 1985. The maximum penalty for the offence is a term of imprisonment for twenty years or a fine of $385,000 or both. The offence is subject to s 54B of the Crimes (Sentencing Procedure) Act 1999. The standard non-parole period for the offence is one of ten years. 3 The appellant was sentenced to a non-parole period of six years and six months with a further term of three years. He now appeals against his conviction on the grounds that the trial judge erred "in failing to give directions on the evidence of flight." An application was also filed for leave to appeal against the sentence. However, this was not supported by any submissions and it is unnecessary to consider that matter further.