McIlwraith v R [2020] NSWCCA 274

McIlwraith v R [2020] NSWCCA 274

There was no objection to the admission of the police officer's 'personal use' opinion evidence, so no error of law occurred. Any forensic decision not to object meant that no chance of acquittal was unfairly denied. Further, it was open to the jury to reject the appellant's explanation and find, beyond reasonable doubt, that the drugs were possessed for supply, making the verdicts not unreasonable.

Parties
Appellant: McIlwraith; Crown: Regina
Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction Before the Court of Criminal Appeal (supreme Court of Nsw)
Outcome
Appeal dismissed
Legal Topics
Appeal Against Conviction, Opinion Evidence, Miscarriage of Justice, Unreasonable Verdict, Evidentiary Issues
Criminal Law Appeal Against Conviction Opinion Evidence Miscarriage of Justice Unreasonable Verdict Evidentiary Issues

Case Brief

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Parties

McIlwraith

Appellant

Regina

Crown

Procedural Posture

Criminal Appeal / Appeal Against Conviction Before the Court of Criminal Appeal (supreme Court of Nsw)

Legal Issues

  1. 1 Whether the admission of police opinion evidence on 'personal use' amounts to an error of law or miscarriage of justice
  2. 2 Whether the verdict was unreasonable in light of the evidence about possession for personal use

Ratio Decidendi

There was no objection to the admission of the police officer's 'personal use' opinion evidence, so no error of law occurred. Any forensic decision not to object meant that no chance of acquittal was unfairly denied. Further, it was open to the jury to reject the appellant's explanation and find, beyond reasonable doubt, that the drugs were possessed for supply, making the verdicts not unreasonable.

Court Disposition

Appeal dismissed

Orders

  • Extend to 5 June 2019 the time within which notice of intention to appeal was required to be given.
  • Refuse application to amend ground 1.