Evans v The Queen

Case [1999] WASCA 252


EVANS -v- R [1999] WASCA 252



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 252
COURT OF CRIMINAL APPEAL12/11/1999
Case No:CCA:91/199917 AUGUST 1999
Coram:MALCOLM CJ
ANDERSON J
WHITE J
17/08/99
30Judgment Part:1 of 1
Result: Appeal against conviction and application for leave to appeal against sentence dismissed
PDF Version
Parties:MOHAMED IGSAAN EVANS
THE QUEEN

Catchwords:

Criminal law
Appeal and new trial
Appeal against conviction
Whether evidence of cash and note in accused's car admissible to support charge of possession of drugs with intent to sell or supply
Relevant to rebut innocent explanation
Appeal dismissed
Criminal law
Directions to jury
Onus of proof regarding circumstantial evidence
Directions read as a whole reveal no misdirection or inadequacy
Criminal law
Appeal and new trial
Sentencing
Fresh evidence sought to be led of rehabilitation demonstrated by business success
Not exceptional circumstances
Sentence not excessive
Application for leave to appeal dismissed

Legislation:

Misuse of Drugs Act 1981 (WA) s 11(a)

Case References:

A Child v Andrews (1995) 12 WAR 552
Anderson (1997) 92 A Crim R 348
Chamberlain v The Queen [No 2] (1984) 153 CLR 521
Darwell v The Queen, unreported; CCA SCt of WA; Library No 970220; 15 May 1997
Harriman v The Queen (1989) 167 CLR 590
HG v The Queen [1999] HCA 2; (1999) 73 ALJR 281
Krakouer v The Queen [1998] HCA 43; (1998) 73 ALJR 1229
Markovina v R (1996) 16 WAR 354
McGhee (1993) 68 A Crim R 220
Peacock v The King (1911) 13 CLR 619
Plomp v The Queen (1963) 110 CLR 234
R v GP (1997) 18 WAR 196
R v Liddington (1997) 18 WAR 394
R v Lobell [1957] 1 All ER 734
R v Periera [1986] 1 Qd R 211
R v Rostom [1966] 2 VR 82
Shepherd v The Queen (1990) 170 CLR 573
Sultana (1982) 74 A Crim R 27
Sultana (1992) 74 A Crim R 27
Vasich (1998) 99 A Crim R 262

R v Sobolewski, unreported; CCA NSW File No 60502/97; 17 June 1998

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : EVANS -v- R [1999] WASCA 252 CORAM : MALCOLM CJ
    ANDERSON J
    WHITE J
HEARD : 17 AUGUST 1999 DELIVERED : 17 AUGUST 1999 PUBLISHED : 12 NOVEMBER 1999 FILE NO/S : CCA 91 of 1999
    CCA 92 of 1999
BETWEEN : MOHAMED IGSAAN EVANS
    Appellant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law - Appeal and new trial - Appeal against conviction - Whether evidence of cash and note in accused's car admissible to support charge of possession of drugs with intent to sell or supply - Relevant to rebut innocent explanation - Appeal dismissed



Criminal law - Directions to jury - Onus of proof regarding circumstantial evidence - Directions read as a whole reveal no misdirection or inadequacy

Criminal law - Appeal and new trial - Sentencing - Fresh…

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Details
AGLC
Evans v The Queen [1999] WASCA 252
Case
[1999] WASCA 252
Decision Date

CaseChat Overview and Summary

Evans was convicted of possession of drugs with intent to sell or supply and subsequently appealed against his conviction. The appeal against the conviction and an application for leave to appeal against his sentence were dismissed by the court. The key issues in the appeal were the admissibility of certain evidence, the adequacy of the jury directions, and the sentencing.

The court first examined whether evidence of cash and a note found in the accused's car was admissible to support the charge of possession of drugs with intent to sell or supply. The defence argued that the evidence was not relevant to rebut an innocent explanation for possession of the drugs. The court held that the evidence was relevant as it could support an inference of intent to sell or supply, and therefore, it was properly admitted.

Regarding the jury directions, the appellant contended that the trial judge's directions on the onus of proof concerning circumstantial evidence were inadequate or misdirected the jury. However, the court found that when the directions were read as a whole, there was no misdirection or inadequacy in the directions given to the jury.

Lastly, the appellant sought to lead fresh evidence of his rehabilitation demonstrated by his business success in an attempt to argue that his sentence was excessive. The court found that the evidence did not meet the exceptional circumstances required for such an application, and the sentence was not excessive. Consequently, the appeal against the conviction and the application for leave to appeal against the sentence were dismissed.

Orders

Orders of the court

Appeal against conviction and application for leave to appeal against sentence dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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