Bell, P.H. v. The Queen [1985] FCA 614

Bell, P.H. v. The Queen [1985] FCA 614

The evidence of the appellant's prior sale of heroin was admissible as it was part of the res gestae and probative of his purpose in possessing heroin on the charged date; the appeals against conviction fail and confessional evidence was rightly admitted.

Source-derived case information.

Parties
Appellant: Phillip Harold Bell; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
05 December 1985
Procedural Posture
Criminal Appeal / Appeal From Conviction (full Federal Court)
Outcome
Appeal dismissed; leave to amend notice of appeal refused.
Legal Topics
Admissibility of Evidence, Similar Fact Evidence, Confession, Cross Examination, Unsafe Verdict
Criminal Law Admissibility of Evidence Similar Fact Evidence Confession Cross Examination Unsafe Verdict

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Parties

Phillip Harold Bell

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction (full Federal Court)

Legal Issues

  1. 1 Whether the admission of evidence of the accused's prior sale of heroin was inadmissible as similar fact evidence or improperly prejudicial
  2. 2 Whether the evidence was admissible as part of the res gestae
  3. 3 Whether cross-examination of the police officer as to being a witness of truth was wrongly disallowed

Ratio Decidendi

The evidence of the appellant's prior sale of heroin was admissible as it was part of the res gestae and probative of his purpose in possessing heroin on the charged date; the appeals against conviction fail and confessional evidence was rightly admitted.

Court Disposition

Appeal dismissed; leave to amend notice of appeal refused.

Orders

  • Leave to amend the notice of appeal be refused.
  • The appeals be dismissed.