Alliston v R [2011] NSWCCA 281

Alliston v R [2011] NSWCCA 281

The Carey defence should have been left to the jury in relation to the drugs found in the appellant’s purse as there was a sufficient evidentiary basis (albeit implicit) for the jury to decide if possession was solely as a custodian and not for supply. However, this omission did not result in a miscarriage of justice because the conviction related to a commercial quantity, the verdict indicating the jury's acceptance of the appellant's joint possession (and knowledge) of drugs found in the car unrelated to the Carey defence. The appeal against conviction and sentence is dismissed as the errors did not affect the outcome.

Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence in Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['drug Offences' 'supply of Prohibited Drugs' 'statutory Defences' 'sentencing and Appeals']
['criminal Law'] ['drug Offences' 'supply of Prohibited Drugs' 'statutory Defences' 'sentencing and Appeals']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence in Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge should have left the Carey defence (possession other than for supply) to the jury' 'Whether the trial judge failed to appropriately sum up the defence case' 'Whether possible verdicts were sufficiently identified to the jury, including possible acquittal' 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The Carey defence should have been left to the jury in relation to the drugs found in the appellant’s purse as there was a sufficient evidentiary basis (albeit implicit) for the jury to decide if possession was solely as a custodian and not for supply. However, this omission did not result in a miscarriage of justice because the conviction related to a commercial quantity, the verdict indicating the jury's acceptance of the appellant's joint possession (and knowledge) of drugs found in the car unrelated to the Carey defence. The appeal against conviction and sentence is dismissed as the errors did not affect the outcome.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']