R v Jumikis [2014] NSWDC 300

District Court New South Wales

Medium Neutral Citation: R v Jumikis [2014] NSWDC 300 Decision date: 09 October 2014 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: The orders sought in the notice of motion filed on 26 May 2014 are refused and the notice of motion is dismissed. Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW), ss 13, 18 Drug Misuse and Trafficking Act 1985 (NSW) Category: Principal judgment Parties: Regina (Crown) Peter John Jumikis (defendant) Representation: Solicitors: Office of the Director of Public Prosecutions (NSW) (Crown) Churchill Lawyers (defendant) File Number(s): 2012/00158382

Judgment

Introduction 1. This is a case involving a convicted drug supplier, a gambling addict and an artist who needed cash in a hurry. Added to this, all three have admitted to behaving in a morally questionable way. The gambler had lost his job and had quickly fallen into a life of drinking and gambling. The drug supplier held $10,000 of money due to a friend but kept it back as security for trading to increase his own wealth. The artist promoted paintings as recently completed when some had been stuck in his studio for years. 2. All three have given evidence before me and the case turns on the acceptability of their evidence. To introduce the case as I have suggests an obvious outcome; but, as it happens the outcome is not so obvious at all.

Background 1. I should first provide some background to what happened. The police had intelligence which directed their attention to a unit in Redfern Street, Redfern. They took up a surveillance operation over the place and saw people coming and going. They obtained a search warrant and on 12 May 2012 searched the unit. Their suspicions were proved right. They found nearly eight and a half grams of MDMA (commonly known as ecstasy) and nearly five and a half grams of cocaine. 2. The occupier of the unit was Mr Peter Jumikis. Police charged him with supplying both the drugs. Both the drugs were prohibited by the Drug Misuse and Trafficking Act 1985 (NSW). The amounts found by the police were such that a person in possession of those amounts is deemed to have them in their possession for supply. 3. Mr Jumikis pleaded guilty to the offences and was sentenced by his Honour Judge Hanley SC. 4. I should add one further piece of information. When the police were searching Mr Jumikis's unit, they asked whether he had any cash. He said that he did not. Undeterred by that answer, the police continued to search and discovered $19,000 in cash. It was kept in a folder and comprised $100 notes. 5. This case is about that cash.