R v Trotter [1999] NSWCCA 90

R v Trotter [1999] NSWCCA 90

The appeal failed because the trial judge's directions on possession, the appellant's evidence, and inferential evidence were adequate; the cash and indicia of supply were relevant and capable of supporting the admissions; and the admissions, the location of the methylamphetamine in the room where the appellant slept, and inconsistencies in his account were sufficient to support the jury's verdict beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
30 April 1999
Procedural Posture
Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From a District Court Conviction
Outcome
Appeal dismissed; conviction and sentence confirmed.
Legal Topics
['supply of Prohibited Drug' 'deemed Supply' 'possession' 'jury Directions' 'inferential Evidence' 'unsafe and Unsatisfactory Verdict']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal Against Conviction / Appeal to the New South Wales Court of Criminal Appeal From a District Court Conviction

  1. 1 ["Whether the trial judge's directions on the element of possession were sufficient." "Whether the trial judge's directions concerning the appellant's evidence were sufficient." 'Whether the trial judge erred in directions concerning indirect or inferential evidence, including evidence of cash and indicia of drug supply.' 'Whether the verdict was unreasonable or could not be supported having regard to the evidence within s 6(1) Criminal Appeal Act 1912.']

Ratio Decidendi

The appeal failed because the trial judge's directions on possession, the appellant's evidence, and inferential evidence were adequate; the cash and indicia of supply were relevant and capable of supporting the admissions; and the admissions, the location of the methylamphetamine in the room where the appellant slept, and inconsistencies in his account were sufficient to support the jury's verdict beyond reasonable doubt.

Court Disposition

Appeal dismissed; conviction and sentence confirmed.

Orders

  • ['Appeal dismissed.' 'Conviction and sentence confirmed.']