Cuzman v R; Bucataru v R [2014] NSWCCA 222

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cuzman v R; Bucataru v R [2014] NSWCCA 222 Hearing dates: 20 February 2014 Decision date: 17 October 2014 Before: Hoeben CJ at CL at [1] Garling J at [108] RS Hulme AJ at [109] Decision: Christian Cuzman The application for leave to appeal against conviction in respect of Count 1 on the indictment is allowed and the verdict of guilty in respect of that offence entered 23 October 2012 is set aside. In lieu thereof Christian Cuzman is convicted of the offence in Count 2 on the indictment. The conviction of the offence in Count 4 on the indictment is confirmed. The sentence imposed by Judge Norrish QC on 29 November 2012 is quashed. The proceedings are remitted to the District Court so that Christian Cuzman can be re-sentenced for the offences in Counts 2 and 4. Georghe Bucataru The application for leave to appeal against conviction in respect of Count 1 on the indictment is allowed and the verdict of guilty in respect of that offence entered 23 October 2012 is set aside. In lieu thereof Georghe Bucataru is convicted of the offence in Count 2 on the indictment. The conviction of the offence in Count 4 on the indictment is confirmed. The sentence imposed by Judge Norrish QC on 29 November 2012 is quashed. The proceedings are remitted to the District Court so that Georghe Bucataru can be re-sentenced for the offences in Counts 2 and 4. Catchwords: CRIMINAL LAW - conviction appeal - knowingly take part in the supply of a prohibited drug being an amount not less than a commercial quantity - participate in a criminal group - unreasonable verdict - evidence insufficient to establish that the amount of drug not less than a commercial quantity - evidence sufficient to establish alternative offence of supply prohibited drug - need to re-sentence - matter remitted to District Court. Cases Cited: Cusack v Regina [2009] NSWCCA 155 Douar v R [2005] NSWCCA 455; 159 A Crim R 154 M v The Queen [1994] HCA 63 MFA v The Queen [2002] HCA 53; 213 CLR 606 SKA v The Queen [2011] HCA 13; 243 CLR 400 Spies v R [2000] HCA 43; 201 CLR 603 Tonari v R [2013] NSWCCA 232 Category: Principal judgment Parties: Christian Eugene Cuzman - Appellant Georghe Bucaturu - Appellant Regina - Respondent Crown Representation: Counsel: Ms B Rigg - Appellant Cuzman Mr M Coroneos - Appellant Bucataru Ms V Lydiard - Respondent Crown Solicitors: Hanby & Associates, Lawyers - Appellant Cuzman Hanby & Associates, Lawyers - Appellant Bucataru S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2010/147461; 2010/147463 Decision under appeal Date of Decision: 2012-10-23 00:00:00 Before: Norrish QC DCJ File Number(s): 2010/147461; 2010/147463