R v Leung; R v Webster (No. 4) [2022] NSWDC 553

R v Leung; R v Webster (No. 4) [2022] NSWDC 553

The Crown failed to prove beyond reasonable doubt that the accused manufactured or knowingly took part in the manufacture of commercial quantities of cocaine at the premises, as the evidence was consistent with mere storage of equipment and could not establish the required knowledge or control; likewise, the Crown did not demonstrate the accused possessed commercial quantities of the other drugs for the purposes of supply, except for the second accused (Webster), who was found in possession of a traffickable quantity of MDMA. The circumstantial case did not exclude other rational explanations. The evidence of knowledge/control was insufficient for convictions on the remaining counts.

Parties
Prosecution: The Crown; First Accused: Canny Leung; Second Accused: Cameron Stewart Webster
Jurisdiction
Australia
Judgment Date
09 May 2022
Procedural Posture
Criminal Trial / Verdict/judgment
Outcome
First Accused (Canny Leung): acquitted on all counts. Second Accused (Cameron Stewart Webster): acquitted on all counts except guilty of supply of a traffickable quantity of MDMA.
Legal Topics
Drug Offences, Manufacture of Prohibited Drugs, Supply of Prohibited Drugs, Criminal Procedure, Circumstantial Evidence, Possession for Supply
Criminal Law Drug Offences Manufacture of Prohibited Drugs Supply of Prohibited Drugs Criminal Procedure Circumstantial Evidence Possession for Supply

Case Brief

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Parties

The Crown

Prosecution

Canny Leung

First Accused

Cameron Stewart Webster

Second Accused

Procedural Posture

Criminal Trial / Verdict/judgment

Legal Issues

  1. 1 Whether the accused manufactured or took part in the manufacture of a commercial quantity of cocaine at the premises
  2. 2 Whether the accused supplied or knowingly took part in the supply of prohibited drugs (cocaine, MDMA, methylamphetamine, heroin, GBL) in not less than the commercial or traffickable quantities
  3. 3 Whether the accused failed to inform police of a serious indictable offence (misprision-like offence)

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that the accused manufactured or knowingly took part in the manufacture of commercial quantities of cocaine at the premises, as the evidence was consistent with mere storage of equipment and could not establish the required knowledge or control; likewise, the Crown did not demonstrate the accused possessed commercial quantities of the other drugs for the purposes of supply, except for the second accused (Webster), who was found in possession of a traffickable quantity of MDMA. The circumstantial case did not exclude other rational explanations. The evidence of knowledge/control was insufficient for convictions on the remaining counts.

Court Disposition

First Accused (Canny Leung): acquitted on all counts. Second Accused (Cameron Stewart Webster): acquitted on all counts except guilty of supply of a traffickable quantity of MDMA.

Orders

  • Canny Leung: Not guilty on all counts; acquitted.
  • Cameron Stewart Webster: Not guilty on counts 1, 4, 6, 7, 8; guilty on alternative to count 5 (supply of a traffickable quantity of MDMA).