Atholwood v The Queen

Atholwood appealed against his conviction for three counts of possession with intent to sell or supply, and the application for leave to appeal against his sentence. The appeal against conviction related to the sufficiency of the evidence to prove possession with intent and the admissibility of evidence of possession of other quantities of drugs and paraphernalia. The application for leave to appeal against sentence related to the length of the sentence imposed and the cumulative nature of the sentence.

The legal issues were whether the evidence was sufficient to prove possession with intent, and whether evidence of other drugs and paraphernalia was properly admitted and whether the sentence was excessive. The court found that the evidence was sufficient to prove possession with intent, and that the evidence of other drugs and paraphernalia was properly admitted. The court also found that the sentence was not disproportionate to the totality of the offending.

The court held that the prosecution had proved possession with intent by proving that Atholwood had custody or control of the drugs, and that he had knowledge of the drugs. The court found that the direction to the jury regarding the elements of the offence was adequate. The court also held that evidence of other drugs and paraphernalia was properly admitted to show that Atholwood had access to drugs and to negate any innocent explanation. The court found that the probative value of the evidence exceeded any potential prejudice, and that the direction to the jury regarding the use of propensity evidence was adequate.

The court held that the application for leave to appeal against sentence was out of time. The court also held that the sentence was not disproportionate to the totality of the offending, and that the reduction of the earlier sentence on appeal did not constitute an exceptional circumstance in relation to the second sentence. The total sentence of seven years' imprisonment was not disproportionate to the totality of the offending. The appeal against conviction was dismissed, and the application for leave to appeal against sentence was refused.