R v TEBBUTT aka KARKOE [2015] NSWDC 322

R v TEBBUTT aka KARKOE [2015] NSWDC 322

The Crown proved beyond reasonable doubt that the accused possessed 97.4 grams of amphetamine, exceeding the traffickable quantity. Although the accused asserted personal use, the very substantial quantity, the unreconciled claimed smoking habits, and surrounding indicia including packaging, electronic scales, multiple phones and SIM cards, cash, security arrangements and storage in a safe meant the judge was not satisfied on the balance of probabilities that the amphetamine was possessed solely for personal use or another purpose other than supply. The statutory defence was therefore not made out.

Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Criminal Prosecution for Supply of a Prohibited Drug, Amphetamine / Trial by Judge Alone Under S 132 Criminal Procedure Act 1986; Verdict
Outcome
Guilty of the charge.
Legal Topics
['supply of Prohibited Drug' 'amphetamine' 'traffickable Quantity' 'statutory Defence of Personal Use' 'trial by Judge Alone' 'search Warrant' 'expert Evidence' 'burden of Proof']
['criminal Law' 'drug Offences' 'criminal Procedure' 'evidence'] ['supply of Prohibited Drug' 'amphetamine' 'traffickable Quantity' 'statutory Defence of Personal Use' 'trial by Judge Alone' 'search Warrant' 'expert Evidence' 'burden of Proof']

Case Brief

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Procedural Posture

Criminal Prosecution for Supply of a Prohibited Drug, Amphetamine / Trial by Judge Alone Under S 132 Criminal Procedure Act 1986; Verdict

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the substance was the prohibited drug amphetamine, that the accused possessed it, and that the amount was at least the traffickable quantity so as to prove supply under the Drug Misuse and Trafficking Act 1985.' 'Whether the accused proved on the balance of probabilities that he possessed the amphetamine for a purpose other than supply, namely personal use.' "What weight should be given to the expert evidence about whether amphetamine in salt form could be smoked and to the accused's account of smoking the drug." 'Whether surrounding circumstances including quantity, packaging, scales, cash, phones, SIM cards, security cameras and storage in a safe supported supply rather than personal use.']

Ratio Decidendi

The Crown proved beyond reasonable doubt that the accused possessed 97.4 grams of amphetamine, exceeding the traffickable quantity. Although the accused asserted personal use, the very substantial quantity, the unreconciled claimed smoking habits, and surrounding indicia including packaging, electronic scales, multiple phones and SIM cards, cash, security arrangements and storage in a safe meant the judge was not satisfied on the balance of probabilities that the amphetamine was possessed solely for personal use or another purpose other than supply. The statutory defence was therefore not made out.

Court Disposition

Guilty of the charge.

Orders

  • ['The accused is found guilty of the charge.']