R v Tinker [2019] NSWDC 945

R v Tinker [2019] NSWDC 945

On the evidence, including intercepted communications, admissions, statutory presumptions, physical items and cash, Crown proved beyond reasonable doubt that accused knowingly supplied, possessed for supply or manufactured commercial and large commercial quantities of prohibited drugs, cultivated prohibited plants, possessed unauthorised firearms, and dealt with proceeds of crime. The accused failed to rebut statutory presumptions or provide credible evidence for personal use claims. All disputed counts established.

Parties
Prosecution: Regina; Accused: Simon Tinker
Jurisdiction
Australia
Judgment Date
22 July 2019
Procedural Posture
Criminal / Verdict and Conviction After Judge Alone Trial
Outcome
guilty on Counts 1, 4, 5, 6, 7, and 10 (convicted)
Legal Topics
Drug Supply, Drug Manufacture, Drug Possession, Cultivation of Prohibited Plants, Firearms Offences, Proceeds of Crime, Judge Alone Trial
Criminal Law Drug Supply Drug Manufacture Drug Possession Cultivation of Prohibited Plants Firearms Offences Proceeds of Crime Judge Alone Trial

Case Brief

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Parties

Regina

Prosecution

Simon Tinker

Accused

Procedural Posture

Criminal / Verdict and Conviction After Judge Alone Trial

Legal Issues

  1. 1 Whether accused supplied prohibited drugs
  2. 2 Whether accused manufactured prohibited drugs
  3. 3 Whether accused possessed prohibited drugs for the purpose of supply

Ratio Decidendi

On the evidence, including intercepted communications, admissions, statutory presumptions, physical items and cash, Crown proved beyond reasonable doubt that accused knowingly supplied, possessed for supply or manufactured commercial and large commercial quantities of prohibited drugs, cultivated prohibited plants, possessed unauthorised firearms, and dealt with proceeds of crime. The accused failed to rebut statutory presumptions or provide credible evidence for personal use claims. All disputed counts established.

Court Disposition

guilty on Counts 1, 4, 5, 6, 7, and 10 (convicted)

Orders

  • Convicted on Counts 1, 4, 5, 6, 7, and 10