Oliveri v R [2011] NSWCCA 38

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Oliveri v R [2011] NSWCCA 38 Hearing dates: 7 February 2011 Decision date: 10 March 2011 Before: McClellan CJ at CL at [1] Buddin J at [71] Schmidt J at [72] Decision: 1. Appeal against conviction dismissed. 2. Grant leave to appeal against sentence but dismiss that appeal. Catchwords: CRIMINAL - appeal against conviction- Shepherd direction not required on facts - failure to issue s 165 Evidence Act warning did not render the verdict of the jury unreasonable - Edwards direction not required - appeal against conviction dismissed

CRIMINAL - appeal against sentence - sentence was not disproportionate to appellant's criminality - sentence of co-offender did not indicate a lesser sentence for appellant - leave to appeal granted but appeal against sentence dismissed Legislation Cited: Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act Cases Cited: Dhanhoa v The Queen (2003) 217 CLR 1 Edwards v R (1993) 178 CLR 193 Pham v R (2009) NSWCCA 25; 193 A Crim R 190 R v Bartle (2003) NSWCCA 329; 181 FLR 1 R v Birks (1990) 19 NSWLR 677 R v Johnstone (2004) NSWCCA 58 R v Olbrich (1999) 199 CLR 270 Shepherd v The Queen (1990) 170 CLR 573 Webb v The Queen (1994) 1 CLR 41 Wood v The Queen (2001) NSWCCA 228 Zoneff v The Queen (2000) 220 CLR 234 Category: Principal judgment Parties: Antonio Oliveri (appellant) The Crown Representation: Counsel: G Nicholson QC (appellant) I Bourke (Crown) Solicitors: William Whitby Solicitors (appellant) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2008/5502 Decision under appeal Date of Decision: 2009-07-03 00:00:00 Before: Williams DCJ