R v YOUNAN, Ronny [2016] NSWDC 436

District Court New South Wales

Medium Neutral Citation: R v YOUNAN, Ronny [2016] NSWDC 436 Hearing dates: 7 October 2016 Date of orders: 07 October 2016 Decision date: 07 October 2016 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Costs certificate granted to the applicant. Catchwords: CRIMINAL – knowingly take part in the supply of a prohibited drug – acquitted by jury – JUDGMENT – costs application pursuant to the Costs in Criminal Cases Act – accused was the driver of a car in which the passenger was found to be in possession of drugs – circumstantial case in which jury were asked to assess whether the accused had knowledge of the drugs and was driving the car for the purpose of supplying those same drugs – Crown aware that a witness would not support their case – multiple "reasonable hypothesis" pointing to the applicant's innocence – the accused had not contributed to the proceedings proceeding to trial having cooperated with the police inquiries Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Allerton v Director Public Prosecutions (1991) 24 NSWLR 550 McFarlane NSWCCA (unreported 12 August 1994) Mordaunt v DPP [2007] NSWCCA 121 Pavy NSWCCA (unreported 9 December 1997) R v Johnston [2000] NSWCCA 197 R v Manley (2000) 49 NSWLR 203 Regina v Groom [2000] NSWCCA 538 Category: Costs Parties: Regina (Crown) Ronny Younan (Offender) Representation: Counsel: Ms Curren (DPP Solicitor) Mr Boe (Counsel) File Number(s): 2015/0013484 Publication restriction: Nil