Reported Decision:
137 A Crim R 497
New South Wales
Court of Criminal Appeal
CITATION: R v MARKARIAN [2003] NSWCCA 8 HEARING DATE(S): 20 November 2002 JUDGMENT DATE:
7 February 2003JUDGMENT OF: Heydon JA at 1; Hulme J at 2; Carruthers AJ at 58 DECISION: Appeal allowed; See paragraph 57 PARTIES :
Regina
Anthony MarkarianFILE NUMBER(S): CCA 60430/02 COUNSEL: Crown: P Ingram
Respondent: A HaeslerSOLICITORS: Crown: SE O'Connor
Respondent: Michael Croke & Co
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 02/11/0259 LOWER COURT
JUDICIAL OFFICER :Hosking DCJ
HEYDON JA60430/2002
HULME J
CARRUTHERS AJ
Friday 7 February 2003
REGINA v Anthony MARKARIAN
Judgment
1 HEYDON JA: I agree with Hulme J
2 HULME J: On 3 May 2002 the Respondent to this Crown appeal pleaded guilty to a charge that between 18 April and 10 October 2000 he did knowingly take part in the supply of a prohibited drug, namely heroin, in an amount not less than the commercial quantity for that drug. He asked that four matters on a Form 1 be also taken into account. On 18 July 2002 Judge Hosking sentenced the Respondent to imprisonment for 2½ years from 18 July 2002, such period to include a non-parole period of 15 months. His Honour directed the Respondent’s release to parole at the end of the non-parole period on condition that he place himself under the supervision of the Probation and Parole Service and obey all reasonable directions of that service. On 20 August 2002, the Crown served a Notice of Appeal.
3 The Respondent’s principal offence consisted of acting throughout the period mentioned as a chauffeur for one Vincent Caccamo in connection with a substantial business Mr Caccamo carried on of buying and distributing heroin. There were over 50 return trips by the Respondent from the northern beaches to Croydon and other journeys. From time to time the Respondent remained with Mr Caccamo at meetings where heroin was purchased, he made up deals for Mr Caccamo and on occasion personally distributed heroin and collected money from Mr Caccamo’s runners. On occasions the Respondent also lent Mr Caccamo money for the purpose of purchasing heroin. The quantity of heroin in the supply of which the Respondent was knowingly concerned was 415gms.
4 The first offence on the Form 1 was of supplying in excess of 5gms of heroin contrary to s25(1) of the Drug Misuse and Trafficking Act between 25 September and 1 October 2001. The offender was receiving 2-3gms of heroin daily from Mr Caccamo, using a portion himself and selling the balance to drug users in the Chatswood area.
5 The second offence was of supplying 232.5gms of cannabis on 29 September 2000. The cannabis was exchanged in return for $2,700 and the Respondent’s participation included at least counting the money and apprising the purchaser of the strength of the cannabis. Mr Caccamo was present but the relative roles of Mr Caccamo and the Respondent are not revealed.
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- AGLC
- R v Markarian [2003] NSWCCA 8
- Case
- [2003] NSWCCA 8
- Decision Date
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