R v Lyberopoulos [2002] NSWCCA 268

R v Lyberopoulos [2002] NSWCCA 268

It was not open to the jury, on the evidence led at trial and the way the Crown presented its case, to find beyond reasonable doubt that the appellant had joint possession of all cannabis leaf in the motel room or that he supplied cannabis to Fotiou. The evidence supported a reasonable possibility that the appellant was merely a customer of Cullen and not a joint possessor or supplier. Therefore, the convictions on both counts were not supported by the evidence and had to be quashed, with verdicts of acquittal entered.

Jurisdiction
Australia
Judgment Date
26 June 2002
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Convictions quashed and verdicts of acquittal entered. Variation of sentence commencement date on earlier (unrelated) conviction.
Legal Topics
['drug Offences' 'supply Prohibited Drug' 'actual Supply' 'deemed Supply' 'evidence Required for Conviction' 'joint Possession']
['criminal Law'] ['drug Offences' 'supply Prohibited Drug' 'actual Supply' 'deemed Supply' 'evidence Required for Conviction' 'joint Possession']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the evidence supported verdicts of guilty for actual supply and deemed supply of prohibited drug (cannabis leaf)' 'Whether the appellant had joint possession of cannabis leaf with Cullen for purposes of supply']

Ratio Decidendi

It was not open to the jury, on the evidence led at trial and the way the Crown presented its case, to find beyond reasonable doubt that the appellant had joint possession of all cannabis leaf in the motel room or that he supplied cannabis to Fotiou. The evidence supported a reasonable possibility that the appellant was merely a customer of Cullen and not a joint possessor or supplier. Therefore, the convictions on both counts were not supported by the evidence and had to be quashed, with verdicts of acquittal entered.

Court Disposition

Convictions quashed and verdicts of acquittal entered. Variation of sentence commencement date on earlier (unrelated) conviction.

Orders

  • ['Each of the convictions quashed and verdicts of acquittal entered.' 'Vary the commencement date of the sentence imposed on the appellant by Morgan DCJ on 31 October 2001 on one count of supply prohibited drug to commence on that day.']