R v Richards

In the matter of R v Richards, the appellant appealed against his conviction on count 1 of carrying on the business of unlawfully trafficking in a dangerous drug, unlawful possession of a dangerous drug with the circumstance of aggravation that the quantity of the dangerous drug exceeded two grams, and possessing a vehicle he had used in connection with the commission of a crime. The case arose from the appellant's alleged involvement in aiding Mr. Moran in the trafficking of drugs, with the appellant arguing that there was no evidence to exclude the possibility that Moran acted as a one-off courier. The appellant also argued that the trial judge erred in directing the jury regarding the use of the co-offender's plea of guilty as evidence of his guilt.

The court was required to determine whether the jury's verdict was unreasonable and not supported by the evidence, and whether the trial judge misdirected the jury in relation to the use of the co-offender's plea of guilty. The court considered the evidence and submissions from both parties, and found that the trial judge did indeed err in directing the jury regarding the use of the co-offender's plea of guilty, as evidence of the appellant's guilt. The court also found that the verdict on count 1 was unreasonable and not supported by the evidence, as there was no direct evidence of the appellant's knowledge or involvement in the trafficking business beyond the one-off transaction with Moran.

The court allowed the appeal and set aside the convictions on counts 1 and 3, and quashed the sentences on those counts. The court entered verdicts and judgments of acquittal on those counts, and quashed the sentence on count 2 and substituted a sentence of imprisonment for four years. The court also ordered that the term of imprisonment on count 2 be suspended after serving a period of 20 months imprisonment, and the appellant must not commit another offence punishable by imprisonment within a period of four years if he is to avoid being dealt with for the suspended term of imprisonment.