Berton v R [2018] NSWCCA 81

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Berton v R [2018] NSWCCA 81 Hearing dates: 23 April 2018 Date of orders: 04 May 2018 Decision date: 04 May 2018 Before: Hoeben CJ at CL [1]; Rothman J at [51]; Button J at [57] Decision: (1) Leave to appeal be granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – conviction appeal – cultivation of cannabis by enhanced indoor means – shed being used to hydroponically grow cannabis plants – co-offender tending plants – whether sufficient evidence to connect lessee paying rent for shed to joint criminal enterprise – sufficient evidence available – open to jury to find beyond reasonable doubt that offence proved. Legislation Cited: Criminal Appeal Act 1912 (NSW) – s 5(1)(b) Drug Misuse and Trafficking Act 1985 (NSW) – s 23(2)(a) Cases Cited: Dickson v R [2017] NSWCCA 78 Gillard v The Queen [2003] HCA 64; 219 CLR 1 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Olivier Lawrence Berton aka Stephan Berton – Applicant Regina – Respondent Crown Representation: Counsel: A Bellanto QC – Applicant E Balodis – Respondent Crown

Solicitors: Y Maksisi – Applicant Solicitor for Public Prosecutions – Respondent Crown File Number(s): 2015/204442 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 1 June 2017 Before: English DCJ File Number(s): 2015/204442