McGlone v R [2019] NSWCCA 252

McGlone v R [2019] NSWCCA 252

Convictions quashed due to miscarriage of justice in summing-up (Ground 4, Crown concession). On Count 1, evidence insufficient to satisfy element of belief that another person intended to use precursor to manufacture controlled drug at time of agreement; appellant entitled to verdict of acquittal on Count 1. On Count 2, evidence sufficient to permit retrial, so new trial ordered.

Parties
Appellant: Richard McGlone; Respondent: Regina
Jurisdiction
Australia
Judgment Date
23 October 2019
Procedural Posture
Conviction Appeal / Court of Criminal Appeal (nsw), Judgment on Appeal
Outcome
Convictions quashed; orders for new trial or acquittal as specified.
Legal Topics
Commonwealth Drug Offences, Conviction Appeal, Importation of Border Controlled Precursor, Conspiracy to Import Controlled Drug, Unreasonable Verdict, Crown Concession, Agreement to Import Border Controlled Precursor, State of Mind, Circumstantial Evidence
Criminal Law Commonwealth Drug Offences Conviction Appeal Importation of Border Controlled Precursor Conspiracy to Import Controlled Drug Unreasonable Verdict Crown Concession Agreement to Import Border Controlled Precursor +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 24 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Richard McGlone

Appellant

Regina

Respondent

Procedural Posture

Conviction Appeal / Court of Criminal Appeal (nsw), Judgment on Appeal

Legal Issues

  1. 1 Whether verdicts on Counts 1 and 2 were unreasonable or not supported by evidence so that acquittals should follow
  2. 2 Whether Crown proved that appellant intended to import a border controlled precursor and believed another person intended to use any of precursor to manufacture controlled drug
  3. 3 Whether errors in jury directions caused miscarriage of justice

Ratio Decidendi

Convictions quashed due to miscarriage of justice in summing-up (Ground 4, Crown concession). On Count 1, evidence insufficient to satisfy element of belief that another person intended to use precursor to manufacture controlled drug at time of agreement; appellant entitled to verdict of acquittal on Count 1. On Count 2, evidence sufficient to permit retrial, so new trial ordered.

Court Disposition

Convictions quashed; orders for new trial or acquittal as specified.

Orders

  • Grant the appellant leave to appeal
  • Quash the convictions and sentences with respect to Counts 1, 2 and 4