R v Sheen [2007] NSWCCA 45

R v Sheen [2007] NSWCCA 45

The jury was not properly directed that conviction under s 6(c) of the DMTA required proof that the accused had a power or capacity to prevent the manufacture and, knowing it was occurring, failed to exercise that power. The omission created a miscarriage of justice, warranting a new trial.

Parties
Applicant: Alysha Sheen; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 March 2007
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence; Crown Appeal Against Sentence
Outcome
Appeal allowed, conviction and sentence quashed, new trial ordered, Crown appeal dismissed
Legal Topics
Directions to Jury, Suffering or Permitting Premises to Be Used for Manufacture of Prohibited Drugs
Criminal Law Directions to Jury Suffering or Permitting Premises to Be Used for Manufacture of Prohibited Drugs

Case Brief

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Parties

Alysha Sheen

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence; Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether trial judge erred in directions to jury as to the meaning of 'suffer' or 'permit' under s 6(c) of Drug Misuse and Trafficking Act 1985
  2. 2 Whether knowledge alone of drug manufacture was sufficient for conviction
  3. 3 Whether failure to direct on requirement of power or capacity to prevent manufacture led to miscarriage of justice

Ratio Decidendi

The jury was not properly directed that conviction under s 6(c) of the DMTA required proof that the accused had a power or capacity to prevent the manufacture and, knowing it was occurring, failed to exercise that power. The omission created a miscarriage of justice, warranting a new trial.

Court Disposition

Appeal allowed, conviction and sentence quashed, new trial ordered, Crown appeal dismissed

Orders

  • Grant leave to rely on grounds 1 and 2
  • Allow the appeal and quash the conviction and sentence