R v Galway [2014] NSWDC 1

District Court New South Wales

Medium Neutral Citation: R v Galway [2014] NSWDC 1 Hearing dates: 25, 26, 27, 30 September 2013; 1, 2, 3, 4, 8, 9, 10, October 2013 Decision date: 28 January 2014 Before: Neilson J Decision: In respect of count 1 - not guilty. In respect of count 1A - not guilty. In the alternative, pursuant to s 24(1) of the Drug Misuse and Trafficking Act 1985, on the charge that between 22 November 2008 and 26 November 2008 at Grose Wold in the State of New South Wales the Accused did knowingly take part in the manufacture of a prohibited drug, namely methylamphetamine - guilty. In respect of count 4 - not guilty. In respect of count 5 - not guilty. In respect of count 6 - not guilty. In respect of count 6A - not guilty. In respect of count 7 - not guilty. In respect of count 7A - not guilty Catchwords: CRIMINAL LAW - Manufacture large commercial quantity of prohibited drugs - Expose child to manufacture of prohibited drug - Methylamphetamine - 3,4 MDMA CRIMINAL LAW - Supply commercial quantity of prohibited drug - Deemed supply - Knowledge of possession required - Ketamine CRIMINAL LAW - Possession of prescribed precursor - Intention of Accused regarding prescribed precursor - Pseudoephedrine CRIMINAL LAW - Available alternative of statutory count EVIDENCE - Evidence of witness criminally concerned Legislation Cited: Evidence Act 1995 Drug Misuse and Trafficking Act 1985. Firearms Act 1996 Weapons Prohibition Act 1998 Cases Cited: Davies v DPP [1954] AC 378 DPP v Brooks [1974] AC 862 He Kaw Teh v The Queen (1985) 157 CLR 523 R v Chai (1992) 27 NSWLR 153 Category: Principal judgment Parties: Regina (Crown) Leslie David Bernard Galway (Accused) Representation: P McGrath (Crown) G Wendler (Accused) W Chan (Accused) Director of Public Prosecutions (Crown) Van Houten Lawyers (Accused) File Number(s): 2008/066133 2009/248133 Publication restriction: No