Davis v Regina [2010] NSWCCA 258

New South Wales Court of Criminal Appeal

CITATION: Davis v Regina [2010] NSWCCA 258

HEARING DATE(S): 14/10/10

JUDGMENT DATE: 9 December 2010

JUDGMENT OF: McClellan CJatCL at 1; Kirby J at 2; Hoeben J at 62

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - supply of prohibited drug ss 25(1) and 29 Drug Misuse and Trafficking Act 1985 - appeal against conviction - whether judge's comment suggested accused obliged to give evidence - possessin of drug the only issue - whether direction on inferences adequate - whether verdict unreasonable or unsupported by evidence.

LEGISLATION CITED: Drug Misuse and Trafficking Act 1985

CATEGORY: Principal judgment

Robinson v The Queen [1991] HCA 38; (1991) 180 CLR 531 CASES CITED : The Queen v Clarke (1995) 78 A Crim R 226 M v The Queen [1994] HCA 63; (1994) 181 CLR 487

PARTIES: Craig Campbell Davis (App) Regina (Resp/Crown)

FILE NUMBER(S): CCA 2009/10281

COUNSEL: T Gartelmann (App) J A Girdham (Resp/Crown)

SOLICITORS: Ryan & Bosscher (App) S Kavanagh (Resp/Crown)

LOWER COURT JURISDICTION: District Court

LOWER COURT JUDICIAL OFFICER: Blackmore DCJ

LOWER COURT DATE OF DECISION: 25/2/10

IN THE COURT OF CRIMINAL APPEAL 2009/10281

McCLELLAN CJ at CL KIRBY J HOEBEN J

Thursday 9 December 2010 Craig Campbell DAVIS v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with Kirby J. 2 KIRBY J: On 9 November 2009, Craig Campbell Davis (the appellant) was arraigned before Blackmore DCJ and a jury upon a charge that, on 26 February 2009, he supplied a prohibited drug, namely, 3, 4 ethylenedioxy methyl amphetamine, contrary to ss 25(1) and 29 of the Drug Misuse and Trafficking Act 1985 ("the Act"). Mr Davis pleaded not guilty. After a short trial, the jury returned a verdict of guilty at 10.09 am on 11 November 2009. 3 On 25 February 2010, the appellant was sentenced to imprisonment with a non parole period of 1 year and 1 month (11.11.09 to 10.12.10) and an additional term of 1 year 2 months to expire on 10.2.12 (taking account of a matter on a Form 1). The matter on the Form 1 was a small quantity of cannabis found in his home unit at the time of a search that I will shortly describe. 4 Mr Davis appeals against his conviction. There is no appeal against sentence. Before going to the Notice of Appeal, I should briefly describe the evidence at trial.