Davis v Regina [2010] NSWCCA 258

Davis v Regina [2010] NSWCCA 258

The trial judge's directions, taken as a whole, made it clear that the only issue was whether the appellant was in possession of the prohibited drugs, and there was no obligation for him to give evidence; the directions provided to the jury were adequate and the verdict was open on the evidence presented.

Jurisdiction
Australia
Judgment Date
09 December 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
['supply of Prohibited Drugs' 'appeal Against Conviction' 'directions to Jury' 'circumstantial Evidence']
['criminal Law'] ['supply of Prohibited Drugs' 'appeal Against Conviction' 'directions to Jury' 'circumstantial Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ["Whether trial judge's summing up suggested the accused was obliged to give evidence" 'Whether direction on inferences in a circumstantial case was adequate' 'Whether verdict was unreasonable or unsupported by evidence']

Ratio Decidendi

The trial judge's directions, taken as a whole, made it clear that the only issue was whether the appellant was in possession of the prohibited drugs, and there was no obligation for him to give evidence; the directions provided to the jury were adequate and the verdict was open on the evidence presented.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']