R v Tomas [2015] NSWDC 204

R v Tomas [2015] NSWDC 204

The Court found that, although the circumstantial evidence was strong, a reasonable doubt as to the accused's knowledge of, and possession of, the 18 tablets in the glove box existed in light of his explanation and overall credibility; as required by law in a circumstantial case, guilt was not the only rational inference. Therefore, the accused was acquitted on count 2.

Jurisdiction
Australia
Judgment Date
10 February 2015
Procedural Posture
Criminal Trial / Judgment Following Judge Alone Trial
Outcome
Acquittal on count 2
Legal Topics
['supply of Prohibited Drug' 'possession' 'onus of Proof' 'circumstantial Evidence']
['criminal Law'] ['supply of Prohibited Drug' 'possession' 'onus of Proof' 'circumstantial Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Trial / Judgment Following Judge Alone Trial

Legal Issues

  1. 1 ['Whether accused knowingly possessed prohibited drug for supply' 'Standard of proof in circumstantial cases']

Ratio Decidendi

The Court found that, although the circumstantial evidence was strong, a reasonable doubt as to the accused's knowledge of, and possession of, the 18 tablets in the glove box existed in light of his explanation and overall credibility; as required by law in a circumstantial case, guilt was not the only rational inference. Therefore, the accused was acquitted on count 2.

Court Disposition

Acquittal on count 2

Orders

  • ['Verdict of not guilty on count 2 of the indictment']