District Court
New South Wales
Medium Neutral Citation: R v Tamara Linda TERRENS [2013] NSWDC 162 Hearing dates: 26, 27 August 2013 Decision date: 28 August 2013 Before: Judge A Haesler SC DCJ Decision: On Count 1 in the Indictment, that:on 31 July 2012, at Jannali, in the state of New South Wales, the accused supplied a prohibited drug, namely 4-Bromo-2,5-dimethoxyphenethylamine which was not less than the large commercial quantity applicable to that drug. I find the accused Tamara Linda Terrens - Guilty.
Catchwords: 4-Bromo-2,5-dimethoxyphenethylamine, supply, large commercial quantity, not less than the commercial quantity, Judge Alone trial Legislation Cited: Criminal Procedure Act 1986
Drug Misuse and Trafficking Act 1985
Evidence Act 1995 (NSW)Cases Cited: AK v Western Australia [2008] HCA 8; 232 CLR 438
Alliston v R [2011] NSWCCA 281
R v Carey (1990) 20 NSWLR 292
CTM v The Queen (2008) 236 CLR 440
Fleming v The Queen (1998) 197 CLR 250
R v Greatorex (1994) 74 A Crim R 496
He Kaw The v The Queen (1985) 157 CLR 523
Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247
Zoneff V The Queen (2000) 200 CLR 234Category: Principal judgment Parties: Regina (Crown)
Tamara Linda TERRENS (Accused)Representation: Ms C Dodds (DPP)
Mr K Averre (for the Accused)
Ms G Rowe (DPP)
Ms M Lim (LegalAid NSW) (for the accused)
File Number(s): 2012/238777
Judgment
A Judge Alone Trial
On 26 August 2013 Tamara Terrens, the accused, pleaded not guilty to a charge that on 31 August 2012 she supplied not less than the large commercial quantity of 4-Bromo-2,5-dimethoxyphenethylamine. She also said she was not guilty of an alternative charge that she supplied not less than the commercial quantity of 4-Bromo-2,5-dimethoxyphenethylamine.
A proper election was made for a trial by judge alone. The Crown agreed to that course. The matter then proceeded before me on the 26 and 27 August 2013: s 133 Criminal Procedure Act 1986.
A judge sitting alone to try a serious matter must include in his or her judgment the principles of law applied and the findings of fact on which they relied. The crucial arguments of the parties must be summarised. The judge must formulate the issues for decision and resolve any issues of law and fact that need to be determined: AK v Western Australia [2008] HCA 8; 232 CLR 438, at [85], Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 at 259.
A judge may make any finding that could have been made by a jury. If any warnings are required the judge is to take the warnings into account. In doing so, a judge must properly formulate the warnings and principles applied but also expose his or her reasoning process, linking the relevant legal principles with findings of fact so as to justify those findings and the ultimate verdict reached: see ss 132, 132A and 133 Criminal Procedure Act 1986 and Fleming v The Queen (1998) 197 CLR 250.
Supply of prohibited…
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- Case
- [2013] NSWDC 162
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the Crown had proven beyond reasonable doubt that the defendant was in possession of the drug with the intent to supply, and whether the quantity of the drug constituted not less than the large commercial quantity. The court had to consider the evidence of the circumstances of the discovery of the drugs, including their location, packaging, and quantity, as well as the deeming provisions under section 29 of the Drug Misuse and Trafficking Act. The defendant maintained that the drugs were for her personal use and that she had no knowledge of their presence or quantity.
The court found that the Crown had successfully discharged its onus of proving each element of the charge beyond reasonable doubt. The analysis of the drugs confirmed a significant quantity, and the circumstances of their discovery, including the packaging and the presence of money and communication devices, supported the inference that the drugs were intended for supply. The court noted that the accused had no reasonable explanation for the presence of the drugs or the other items found in her possession. Consequently, the court found the defendant guilty on the charge of supplying a prohibited drug in a large commercial quantity.
The court ordered that Tamara Linda Terrens be found guilty on Count 1 of the indictment for supplying 4-Bromo-2,5-dimethoxyphenethylamine in a quantity not less than the large commercial quantity, as defined under the Drug Misuse and Trafficking Act 1985 (NSW). The court's decision was based on the evidence and the applicable legal standards, affirming the prosecution's case and rejecting the defence's submissions.
Orders
Orders of the court
On Count 1 in the Indictment, that:on 31 July 2012, at Jannali, in the state of New South Wales, the accused supplied a prohibited drug, namely 4-Bromo-2,5-dimethoxyphenethylamine which was not less than the large commercial quantity applicable to that drug. I find the accused Tamara Linda Terrens - Guilty.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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