La Rocca v R [2021] NSWCCA 116

La Rocca v R [2021] NSWCCA 116

The sodium borohydride evidence was tendency evidence because it was evidence of the appellant's conduct used to infer a state of mind relevant to knowledge of MDMA in the consignment, and it lacked significant probative value given the tenuous connection between an enquiry about a reducing agent used in MDMA manufacture and knowledge that candles contained MDMA. The listening device evidence was used by the Crown as consciousness of guilt evidence, so the jury required a direction on the reasoning process and alternative explanations, particularly because the evidence was flimsy and there was a competing hypothesis that batteries had run out. The Room 1290 documents were largely...

Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From District Court Conviction and Sentence
Outcome
Leave to appeal against conviction granted, conviction appeal allowed, new trial ordered, and application for leave to appeal against sentence not determined.
Legal Topics
['tendency Evidence' 'significant Probative Value' 'consciousness of Guilt Evidence' 'jury Directions' 'unfair Trial' 'incompetence of Counsel' 'criminal Appeal Proviso']
['criminal Law' 'evidence' 'criminal Appeals'] ['tendency Evidence' 'significant Probative Value' 'consciousness of Guilt Evidence' 'jury Directions' 'unfair Trial' 'incompetence of Counsel' 'criminal Appeal Proviso']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal From District Court Conviction and Sentence

Legal Issues

  1. 1 ['Whether evidence concerning sodium borohydride enquiries was admissible as tendency evidence under s 97(1) of the Evidence Act 1995 (NSW).' "Whether the trial judge's failure to direct the jury on the use of tendency evidence occasioned a miscarriage of justice." "Whether the trial judge's guidance to the Crown and co-accused's counsel about inferences from the listening device evidence caused an unfair trial or reasonable apprehension of bias." 'Whether the jury required a direction on how evidence concerning the alleged disabling of the listening device could be used as consciousness of guilt evidence.' "Whether the admission of the WeChat messages and Room 1290 documents, at the urging of the appellant's trial counsel, caused unfairness." "Whether trial counsel's conduct amounted to incompetence causing or contributing to a miscarriage of justice." 'Whether the proviso in s 6(1) of the Criminal Appeal Act 1912 (NSW) should be applied.']

Ratio Decidendi

The sodium borohydride evidence was tendency evidence because it was evidence of the appellant's conduct used to infer a state of mind relevant to knowledge of MDMA in the consignment, and it lacked significant probative value given the tenuous connection between an enquiry about a reducing agent used in MDMA manufacture and knowledge that candles contained MDMA. The listening device evidence was used by the Crown as consciousness of guilt evidence, so the jury required a direction on the reasoning process and alternative explanations, particularly because the evidence was flimsy and there was a competing hypothesis that batteries had run out. The Room 1290 documents were largely...

Court Disposition

Leave to appeal against conviction granted, conviction appeal allowed, new trial ordered, and application for leave to appeal against sentence not determined.

Orders

  • ['Grant leave to appeal against conviction.' 'Allow the appeal against conviction.' 'Order that there be a new trial.' 'Note that, in these circumstances, it is not necessary to determine the application for leave to appeal against sentence.']