Lazaris v R [2014] NSWCCA 163

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lazaris v R [2014] NSWCCA 163 Hearing dates: 8 August 2014 Decision date: 18 August 2014 Before: Hoeben CJ at CL at [1] Adamson J at [2] Bellew J at [4] Decision: (i) Leave to appeal upon ground 2 is refused; (ii) Leave to appeal on ground 1 is granted; (iii) The appeal is dismissed; (iv) The applicant is to be returned to custody forthwith. (v) Having regard to the period of custody served by the applicant between 16 August 2013 and 17 December 2013 the applicant's non-parole period will expire on 17 December 2015. (vi) The applicant will be eligible for parole on 18 December 2015 and his sentence will expire on 17 February 2017. Catchwords: CRIMINAL LAW - Offence of supplying prohibited drug - Trial before judge alone - Where Crown relied on circumstantial case - Where trial judge satisfied beyond reasonable doubt of applicant's guilt - Whether verdicts unreasonable or could not be supported by the evidence

EVIDENCE - Where hearsay representations admitted without objection - Where trial judge relied upon representations as evidence of the truth - Whether open to the trial judge to do so - Whether evidence admissible as an exception to the hearsay rule in any event Legislation Cited: Criminal Appeal Act 1912 Criminal Appeal Rules Drug (Misuse and Trafficking) Act 1985 Evidence Act 1995 Cases Cited: ARS v R [2011] NSWCCA 266 Gonzales v R [2007] NSWCCA 32; (2007) 178 A Crim R 321 Libke v R [2007] HCA 30; (2007) 230 CLR 559 M v R (1994) 181 CLR 487 Papakosmas v R [1999] HCA 37; (1999) 196 CLR 297 Poniris v R [2014] NSWCCA 100 Gilham v R [2012] NSWCCA 131 R v Hillier (2007) 228 CLR 618 R v Masters (1992) 26 NSWLR 450 Rasic v R [2009] NSWCCA 202 SKA v R [2011] HCA 13; (2011) 243 CLR 400 W v R [2014] NSWCCA 110 Category: Principal judgment Parties: Peter Lazaris - Applicant Crown - Respondent Representation: Counsel: P Lange - Applicant S Dowling SC - Crown Solicitors: Aquila Lawyers - Applicant S Kavanagh Solicitor for Public Prosecutions - Crown File Number(s): 2011 / 209088 Publication restriction: Nil Decision under appeal Date of Decision: 2013-05-02 00:00:00 Before: Huggett DCJ