R v SH [2014] NSWCCA 218

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v SH [2014] NSWCCA 218 Hearing dates: 8 September 2014 Decision date: 15 October 2014 Before: Macfarlan JA at [1]; Fullerton J at [40]; Hamill J at [41] Decision: Appeal dismissed. Catchwords: CRIMINAL LAW - appeal under s 107 Crimes (Appeal and Review) Act 2001 (NSW) against directed acquittal - respondent found in possession of cardboard containing unascertained quantity of prohibited drug (lysergide) - charged with supply of not less than large commercial quantity of prohibited drug - weight of cardboard containing lysergide exceeded that required for large commercial quantity - whether evidence capable of establishing elements of offence when weight of lysergide not established - whether cardboard an "admixture" within s 4 of Drug Misuse and Trafficking Act 1985 (NSW) - "question of law alone" - question posed by ground of appeal does not arise - appeal dismissed

CRIMINAL LAW - appeal under s 107 Crimes (Appeal and Review) Act 2001 (NSW) against directed acquittal - application by Crown during respondent's address for leave to amend ground of appeal - application refused - relevant considerations identified Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 107 Drug Misuse and Trafficking Act 1985 (NSW), ss 3, 4, 25, 29, 43, Sch 1 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; 186 CLR 389 Davern v Messel [1984] HCA 34; 155 CLR 21 Fletcher International Exports Pty Ltd v Lott [2010] NSWCA 63 Green v The United States 355 US 184 (1957) HIA Insurance Services Pty Ltd v Kostas [2009] NSWCA 292 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Landsman v Director of Public Prosecutions [2013] NSWCA 369 OV v Members of the Board of the Wesley Mission Council [2010] NSWCA 155; 79 NSWLR 606 Pearce v The Queen [1998] HCA 57; 194 CLR 610 R v Carroll [2010] NSWCCA 55; 77 NSWLR 45 R v JW [2010] NSWCCA 49; 77 NSWLR 7 R v PL [2009] NSWCCA 256; 199 A Crim R 199 R v R2 (1990)19 NSWLR 513 Richards v Cornford (No 3) [2010] NSWCA 134 Thompson v Mastertouch TV Service Pty Ltd (No 3) (1978) 38 FLR 397 Williams v The Queen [1986] HCA 88; 161 CLR 278 Category: Principal judgment Parties: Regina (Appellant) SH (Respondent) Representation: Counsel: N Williams (Appellant) G Bashir (Respondent) Solicitors: S Kavanagh, Solicitor for Public Prosecutions (Appellant) Legal Aid NSW (Respondent) File Number(s): 2013/43895 Decision under appeal Jurisdiction: 9101 Date of Decision: 2014-06-02 00:00:00 Before: Jeffreys DCJ File Number(s): 2013/43895