Davies v The State of Western Australia

Davies, an appellant, sought to appeal a conviction for possessing cannabis with the intent to supply it. The State of Western Australia opposed the appeal. The appeal was heard in the Supreme Court of Western Australia. The central issue for the court to decide was whether two of the three persons who jointly possessed the cannabis had the requisite intent to supply it to the third person, and thus could be held criminally liable under the relevant drug legislation. The court needed to determine if the joint possession of the cannabis constituted a single transaction or if there were multiple transactions among the three individuals.

The court found that the evidence presented did not support the conclusion that the two individuals had the intent to supply the cannabis to the third. It was determined that the shared possession of the cannabis among the three did not automatically imply a supply to any one of them. The court held that the prosecution had not proven beyond reasonable doubt that the two individuals had the intent to supply the drug to the third. Consequently, the court found that the appeal was not well-founded and dismissed it. The conviction was upheld, and no further orders were made.