NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Halmi v R [2008] NSWCCA 259
HEARING DATE(S): 29 April 2008
JUDGMENT DATE: 11 November 2008
JUDGMENT OF: Campbell JA at 1; Grove J at 2; Johnson J at 3
DECISION: Appeal dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against conviction - supply large commercial quantity of heroin - Appellant drove co-offender to area where supply to occur - Crown case that both engaged in joint criminal enterprise to supply heroin - heroin supplied to third party - fingerprints of Appellant and co-offender found on plastic wrapping enclosing heroin - circumstantial case - whether verdict unreasonable and not supported by the evidence - whether error in directions to jury - verdict was reasonable and supported by evidence - no error in directions to jury - appeal dismissed
LEGISLATION CITED: Drug Misuse and Trafficking Act 1986 (NSW) Criminal Appeal Act 1912
CATEGORY: Principal judgment
R v Halmi (2005) 62 NSWLR 263 R v Kaldor (2004) 150 A Crim R 271 R v Chahine [2006] NSWCCA 179 M v Queen (1994) 181 CLR 487 CASES CITED : MFA v The Queen [2002] 213 CLR 606 R v Cable (1947) 47 SR 183 The Queen v Hillier [2007] 228 CLR 618 Shepherd v The Queen (1990) 170 CLR 573 Papakosmas v The Queen (1999) 196 CLR 297 R v Wilson (2005) 62 NSWLR 346
PARTIES: Nicolae Halmi (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2007/2793
COUNSEL: Mr DG Dalton SC (Appellant) Ms NJ Adams (Respondent)
SOLICITORS: Andrew Solicitors (Appellant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent)
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