Allchin v R; Skepevski v R [2019] NSWCCA 278

Allchin v R; Skepevski v R [2019] NSWCCA 278

The guilty verdicts were open on the whole of the evidence. For Allchin, the surveillance evidence and surrounding circumstances, including his delivery of the bag containing almost 1kg of methylamphetamine and the immediate transfer of white buckets after the delivery, permitted the jury to infer beyond reasonable doubt that he knew or believed he was delivering prohibited drugs as part of an arrangement. For Skepevski, his arrangements for Rowe to travel from Newcastle to Annandale, his conduct in directing Rowe and later checking the bag at the Caltex service station, and the absence of any rational innocent explanation permitted the jury to infer guilt. The additional complaints about...

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Criminal Appeal Against Conviction / Applications for Leave to Appeal Convictions From the District Court of New South Wales
Outcome
Leave to appeal granted in each matter; appeals dismissed.
Legal Topics
['unreasonable or Unsupported Verdict' 'supply of Commercial Quantity of Prohibited Drug' 'circumstantial Evidence' 'joint Criminal Enterprise' 'fair Trial' 'limits on Cross Examination' "prosecutor's Closing Address" 'failure to Call Material Witnesses']
['criminal Law' 'criminal Procedure' 'evidence'] ['unreasonable or Unsupported Verdict' 'supply of Commercial Quantity of Prohibited Drug' 'circumstantial Evidence' 'joint Criminal Enterprise' 'fair Trial' 'limits on Cross Examination' "prosecutor's Closing Address" 'failure to Call Material Witnesses']

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Procedural Posture

Criminal Appeal Against Conviction / Applications for Leave to Appeal Convictions From the District Court of New South Wales

Legal Issues

  1. 1 ["Whether each applicant's conviction for supplying a commercial quantity of methylamphetamine was unreasonable or could not be supported having regard to the evidence." "Whether the trial was unfair because of an alleged change in the prosecution case, rhetorical questions in the prosecutor's address, or alleged failure to put the defence case in the summing up." "Whether the trial judge's ruling concerning proposed cross-examination of Mr Rowe about communications with Mr Fogg caused a miscarriage of justice." "Whether the prosecution's failure to call Vincent Bogdanovic and Ashley Grech caused a miscarriage of justice."]

Ratio Decidendi

The guilty verdicts were open on the whole of the evidence. For Allchin, the surveillance evidence and surrounding circumstances, including his delivery of the bag containing almost 1kg of methylamphetamine and the immediate transfer of white buckets after the delivery, permitted the jury to infer beyond reasonable doubt that he knew or believed he was delivering prohibited drugs as part of an arrangement. For Skepevski, his arrangements for Rowe to travel from Newcastle to Annandale, his conduct in directing Rowe and later checking the bag at the Caltex service station, and the absence of any rational innocent explanation permitted the jury to infer guilt. The additional complaints about...

Court Disposition

Leave to appeal granted in each matter; appeals dismissed.

Orders

  • ['Grant the applicant leave to appeal his conviction for supplying a prohibited drug.' 'Dismiss the appeal.']