Musa v R [2019] NSWCCA 279

Musa v R [2019] NSWCCA 279

The jury’s verdict was open on the evidence, including fingerprint and circumstantial evidence supporting at least joint possession of the drugs by the applicant. There was no miscarriage of justice arising from the Crown’s conduct or trial procedure, especially where no objection was taken at trial and forensic decisions were made by defence counsel.

Parties
Applicant: Mohamed Abdimalik Musa; Respondent: Crown
Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction Application for Leave
Outcome
Appeal against conviction dismissed
Legal Topics
Drug Offences, Deemed Supply, Possession, Miscarriage of Justice, Unreasonable Verdict
Criminal Law Drug Offences Deemed Supply Possession Miscarriage of Justice Unreasonable Verdict

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Parties

Mohamed Abdimalik Musa

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Application for Leave

Legal Issues

  1. 1 Whether the verdict was unreasonable and not supported by evidence regarding possession of drugs
  2. 2 Whether the trial miscarried due to Crown's conduct and evidence issues
  3. 3 Whether applicant should be bound by forensic decisions made at trial

Ratio Decidendi

The jury’s verdict was open on the evidence, including fingerprint and circumstantial evidence supporting at least joint possession of the drugs by the applicant. There was no miscarriage of justice arising from the Crown’s conduct or trial procedure, especially where no objection was taken at trial and forensic decisions were made by defence counsel.

Court Disposition

Appeal against conviction dismissed

Orders

  • Grant leave to appeal on ground 2.
  • Refuse leave to appeal on ground 3 under Rule 4 of the Criminal Appeal Rules (NSW).