R v Drygan [2009] NSWDC 249

R v Drygan [2009] NSWDC 249

The accused was found to have possessed cannabis leaf in the house and caravan for the purpose of supply, not having rebutted the deeming provision on the balance of probabilities, while the cannabis in the bus was found to have been abandoned and not possessed for supply.

Parties
Prosecution: Regina; Accused: Rene John Drygan
Jurisdiction
Australia
Judgment Date
14 September 2009
Procedural Posture
Criminal / Judge Alone Trial; Verdict
Outcome
Guilty in relation to part of the drug found in the house and the caravan; not guilty in relation to cannabis in the bus.
Legal Topics
Offences Against the Person, Drug Offences, Possession, Possession for Supply, Abandonment of Drug
Criminal Law Offences Against the Person Drug Offences Possession Possession for Supply Abandonment of Drug

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Parties

Regina

Prosecution

Rene John Drygan

Accused

Procedural Posture

Criminal / Judge Alone Trial; Verdict

Legal Issues

  1. 1 Whether the accused possessed cannabis leaf for the purpose of supply under the deeming provision
  2. 2 Whether the accused possessed cannabis leaf in the bus, residence, and caravan
  3. 3 Whether the accused has proved on the balance of probabilities possession for a purpose other than supply

Ratio Decidendi

The accused was found to have possessed cannabis leaf in the house and caravan for the purpose of supply, not having rebutted the deeming provision on the balance of probabilities, while the cannabis in the bus was found to have been abandoned and not possessed for supply.

Court Disposition

Guilty in relation to part of the drug found in the house and the caravan; not guilty in relation to cannabis in the bus.