R v SLATTERY [2002] NSWCCA 145

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From the District Court

Legal Issues

1. 1 ['Whether the trial Judge erred in directing the jury on the requisite knowledge for knowingly taking part in the cultivation of cannabis plants.' 'Whether the trial Judge failed adequately to direct the jury that an alternative explanation for the circumstantial evidence must be excluded.' "Whether the trial Judge's directions on circumstantial evidence wrongly cast an onus on the appellant to point to a reasonable explanation consistent with innocence." 'Whether claims of profound memory loss, fabricated evidence, and tainted evidence from Carol Duggan established a miscarriage of justice.' 'Whether the sentence should be disturbed because alleged additional time served on remand was not taken into account.']

Ratio Decidendi

The appeal failed because the summing up, read as a whole, did not cast any onus on the appellant and adequately directed the jury on knowledge, the Crown's burden, and circumstantial evidence. The appellant's claims of profound memory loss and fabricated or tainted evidence did not establish a miscarriage of justice because those matters were inconsistent with the trial evidence or were before the jury and addressed by the trial Judge. The sentence was not shown to be erroneous because the additional remand period relied on by the appellant related to a different offence.

Court Disposition

Appeal dismissed.

Orders

• ['Appeal dismissed.']