Doolan v R [2013] NSWCCA 145

Doolan v R [2013] NSWCCA 145

By majority, the Court held that the appellant's statements concerning the Jeep, utility and the persons said to be connected with them were relevant to the fact in issue of who had access to the loft area where the drugs were found. The evidence could rationally affect the jury's assessment of whether another person may have been responsible for the drugs. The Crown did not rely on the evidence as tendency, credibility-only or bad character evidence. Although references to a stolen vehicle carried some risk of prejudice, the trial judge gave adequate directions that the trial was not about motor cars, and the probative value of the evidence was not outweighed by any danger of unfair...

Jurisdiction
Australia
Judgment Date
03 July 2013
Procedural Posture
Criminal Conviction Appeal / Appeal to the Court of Criminal Appeal From Conviction After District Court Jury Trial
Outcome
Appeal dismissed.
Legal Topics
['supply of Prohibited Drug' 'relevance' 'unfair Prejudice' 'prior Inconsistent Statements' 'possession of Drugs' 'evidence Act 1995 S 137']
['criminal Law' 'evidence' 'criminal Procedure'] ['supply of Prohibited Drug' 'relevance' 'unfair Prejudice' 'prior Inconsistent Statements' 'possession of Drugs' 'evidence Act 1995 S 137']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Appeal to the Court of Criminal Appeal From Conviction After District Court Jury Trial

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting evidence of statements made by the appellant about a stolen Jeep and a Holden utility.' 'Whether the impugned evidence was relevant to whether another person had access to the loft area where the drugs were found.' 'Whether the probative value of the impugned evidence was outweighed by the danger of unfair prejudice to the appellant under s 137 of the Evidence Act 1995.' 'Whether Parts 3.6, 3.7 or 3.8 of the Evidence Act 1995 were engaged.']

Ratio Decidendi

By majority, the Court held that the appellant's statements concerning the Jeep, utility and the persons said to be connected with them were relevant to the fact in issue of who had access to the loft area where the drugs were found. The evidence could rationally affect the jury's assessment of whether another person may have been responsible for the drugs. The Crown did not rely on the evidence as tendency, credibility-only or bad character evidence. Although references to a stolen vehicle carried some risk of prejudice, the trial judge gave adequate directions that the trial was not about motor cars, and the probative value of the evidence was not outweighed by any danger of unfair...

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']