R v Morrison

The appellant in this case, Sharon Lee Morrison, was charged with producing and possessing cannabis for sale, offences under the Controlled Substances Act, 1984. Morrison appealed against her conviction, arguing that there was a risk of a miscarriage of justice due to certain issues concerning the evidence presented by the Crown. The appeal was heard by the court, which was tasked with determining whether the evidence presented was sufficient to support the conviction and whether there was any risk of a miscarriage of justice.

The court considered whether the prosecutor had adequately cross-examined the appellant to establish a sufficient foundation for the jury to draw certain inferences. It was found that although not all issues were directly put to the appellant, there was a sufficient foundation laid in cross-examination to invite the jury to draw the relevant inferences. Additionally, the court examined whether there was any risk of a miscarriage of justice due to the amount of cannabis material in the appellant's possession. The court concluded that the Crown's case was supported by an extensive body of evidence and that the amount of cannabis material in the appellant's possession was well in excess of the amount required to invoke the presumption. Therefore, there was no risk of a miscarriage of justice.

Based on the above findings, the court concluded that the only complaint that had been made out concerned the amount of head that could be produced from a healthy female plant. However, the court acknowledged that this alone would not lead to a risk of a miscarriage of justice. The appeal was dismissed, and Morrison's conviction was upheld.