Regina v Ruiz-Avila [2003] NSWCCA 264

Regina v Ruiz-Avila [2003] NSWCCA 264

The conviction on count two could not stand because the jury was misdirected that awareness of a real or significant chance that the premises were used for drug storage could suffice, when actual knowledge of the tablets' presence was required. The conviction on count three could not stand because the jury was directed in a way that treated storage of cannabis as harvesting, and therefore cultivation, as a matter of law, when that was a factual question; on the confined Crown case it was not reasonably open to conclude that the storage was part of harvesting. The interests of justice did not require a new trial, and the sentence on count one was reduced to permit immediate release.

Jurisdiction
Australia
Judgment Date
26 September 2003
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Appeal in the New South Wales Court of Criminal Appeal From Convictions and Sentence in the District Court
Outcome
Appeal allowed in relation to counts two and three; convictions quashed and verdicts and judgments of acquittal entered; leave to appeal sentence on count one granted and sentence appeal allowed; sentence on count one varied to a fixed term of ten months and appellant ordered to be released forthwith.
Legal Topics
['knowingly Taking Part in Supply of Prohibited Drugs' 'knowingly Taking Part in Cultivation of Cannabis' 'knowledge as an Element of Drug Offences' 'misdirection to Jury' 'unreasonable Verdict' 'sentence Appeal']
['criminal Law' 'drug Offences' 'criminal Appeals'] ['knowingly Taking Part in Supply of Prohibited Drugs' 'knowingly Taking Part in Cultivation of Cannabis' 'knowledge as an Element of Drug Offences' 'misdirection to Jury' 'unreasonable Verdict' 'sentence Appeal']

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Procedural Posture

Criminal Appeal Against Conviction and Sentence / Appeal in the New South Wales Court of Criminal Appeal From Convictions and Sentence in the District Court

Legal Issues

  1. 1 ["Whether the trial judge misdirected the jury on count two by allowing guilt to be founded on awareness of a real or significant chance that the premises were being used for storage of a prohibited drug rather than actual knowledge of the tablets' presence." 'Whether the verdict of guilty on count two was unreasonable in light of evidence that the appellant did not live at the unit, others had access, and the tablets were in a drawer.' 'Whether the trial judge misdirected the jury on count three by treating storage of cannabis as part of harvesting, and therefore cultivation, as a matter of law.' 'Whether verdicts of acquittal should be entered rather than ordering new trials.' 'Whether the sentence on count one should be varied after convictions on counts two and three were quashed.']

Ratio Decidendi

The conviction on count two could not stand because the jury was misdirected that awareness of a real or significant chance that the premises were used for drug storage could suffice, when actual knowledge of the tablets' presence was required. The conviction on count three could not stand because the jury was directed in a way that treated storage of cannabis as harvesting, and therefore cultivation, as a matter of law, when that was a factual question; on the confined Crown case it was not reasonably open to conclude that the storage was part of harvesting. The interests of justice did not require a new trial, and the sentence on count one was reduced to permit immediate release.

Court Disposition

Appeal allowed in relation to counts two and three; convictions quashed and verdicts and judgments of acquittal entered; leave to appeal sentence on count one granted and sentence appeal allowed; sentence on count one varied to a fixed term of ten months and appellant ordered to be released forthwith.

Orders

  • ['Allow the appeal in relation to counts two and three.' 'Quash the conviction on each of counts two and three and enter a verdict and judgment of acquittal on each count.' 'Grant leave to appeal in respect of the sentence on count one and allow the appeal.' 'Quash the sentence of twelve months imprisonment on count...