R v Rogerson; R v McNamara (No 36)

The appeal was heard by the High Court of Australia. The respondents were convicted in the County Court of Victoria of drug trafficking. The primary evidence of the value of the drugs in the case was expert evidence from a police officer on the "street deal" value of the drugs. The court was required to decide whether the evidence of the "street deal" value of the drugs was admissible, and if so, whether the probative value of the evidence was outweighed by the danger of unfair prejudice to the respondents.

The court held that the evidence was not relevant to the charges of trafficking, as there was no evidence that either accused intended to sell the drugs in "street deals". The court found that the probative value of the evidence was outweighed by the danger of unfair prejudice. The court held that the evidence of the "street deal" value of the drugs should be excluded in part. The court held that the expert evidence should only be admitted to the extent that it was necessary to establish the quantity of the drugs, and not their value.

The appeal was dismissed. The convictions of the respondents were upheld. The court held that the trial judge was correct to exclude the evidence of the "street deal" value of the drugs in part, and that the probative value of the evidence was outweighed by the danger of unfair prejudice. The court held that the convictions were safe and should be upheld.