Fattal v Regina [2006] NSWCCA 359

New South Wales Court of Criminal Appeal

CITATION: Fattal v Regina [2006] NSWCCA 359

HEARING DATE(S): 24 October 2006

JUDGMENT DATE: 17 November 2006

JUDGMENT OF: McClellan CJ at CL at 1; Sully J at 2; Hislop J at 51

DECISION: Appeal against conviction dismissed

LEGISLATION CITED: Evidence Act 1995 (NSW)

Tripodi v The Queen (1961) 104 CLR 1 CASES CITED: Ahern v The Queen (1988) 165 CLR 87 M v The Queen (2002) 213 CLR 606 MFA v The Queen (2002) 213 CLR 606

PARTIES: Toufic Fattal Regina

FILE NUMBER(S): CCA 2006/1524

COUNSEL: J. R. Dwyer - Crown A. Francis - Appellant

SOLICITORS: S. Kavanagh - Crown K. Kyriacou - Appellant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0292

LOWER COURT JUDICIAL OFFICER: Morgan DCJ

IN THE COURT OF CRIMINAL APPEAL 2006/1524

McCLELLAN CJ at CL SULLY J HISLOP J

17 November 2006 Toufic FATTAL v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with Sully J. 2 SULLY J:

Introduction 3 In April 2005 the appellant, Mr. Fattal, stood trial in the District Court at Sydney before her Honour Judge Morgan and a jury. He was so tried upon an indictment framed as follows: "For that he, on 10 August 2003 at Rockdale in the State of New South Wales did supply an amount of a prohibited drug, that is 3.4 methylenedioxymethalamphetamine being a quantity not less than a large commercial quantity of that drug." 4 The jury found the appellant guilty of that charge. He was thereupon convicted and sentenced to a substantial term of imprisonment. He now appeals against his conviction. He does not seek leave to appeal against his sentence. Three grounds of appeal were argued. They will be dealt with later herein.