NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Jackwitz v R; Franklin v R [2006] NSWCCA 419
HEARING DATE(S): 14 December 2006
JUDGMENT DATE: 21 December 2006
JUDGMENT OF: Simpson J at 1; Barr J at 38; Hoeben J at 39
DECISION: In each case, appeal against conviction dismissed.
CATCHWORDS: appeal against conviction - possession of precursor intended for use in manufacture of prohibited drug - joint criminal enterprise - joint possession of precursor - appellant Franklin mother of appellant Jackwitz - whether indictment bad for duplicity - possession of precursor accompanied by relevant intention - duplicity not found - joint possession an inference available to trial judge
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985, s24A
Mallon v Allen [1964] 1 QB 385 R v Amanatidis [2001] NSWCCA 400 CASES CITED: R v Filippetti (1984) 13 A Crim R 335 R v GNN [2000] SASC 447 Walsh v Tattersall [1996] HCA 26; 188 CLR 77
Leslee Ann Jackwitz - Appellant PARTIES: Elizabeth Ann Franklin - Appellant Crown - Respondent
FILE NUMBER(S): CCA 2006/1790; 2006/1789
J Glissan QC - Appellant Jackwitz COUNSEL: E Wasilenia - Appellant Franklin P Barrett - Respondent Crown
SOLICITORS: S Smith - Appellants S Kavanagh - Respondent Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/31/0257
LOWER COURT JUDICIAL OFFICER: Payne DCJ
IN THE COURT OF CRIMINAL APPEAL 2006/1790 2006/1789
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