Regina v Davis

Regina v Davis was a case heard by the New South Wales Court of Criminal Appeal, where the appellant, Davis, contested the sentence imposed following his conviction for drug supply. Davis was found in possession of a prohibited drug, and the presumption of supply under the relevant legislation was applied unless Davis could prove otherwise. The dispute centred on whether the court could establish that Davis possessed the drug for purposes other than supply, specifically for personal use. The appeal questioned the adequacy of the sentencing process, particularly regarding the absence of findings on the quantities supplied and the relevance of Davis's drug use to his rehabilitation and the offence.

The court was tasked with determining whether the presumption of supply could be rebutted by showing possession for personal use and if the sentence imposed was appropriate in light of the lack of findings on the amount supplied. The appeal also examined the relevance of Davis's drug use to the sentencing process, considering the factors pertinent to rehabilitation and the amount of the offence.

The court held that the presumption of supply could indeed be rebutted by evidence of personal use. However, the absence of specific findings regarding the quantities supplied resulted in a miscarriage of justice in the sentencing process. The court found that the sentencing judge's failure to make these findings was a critical error, impacting the overall fairness of the sentence. The appeal was allowed, and the matter was remitted for resentencing, taking into account the correct legal principles and the facts of the case. The court emphasised the importance of clear findings regarding the amounts supplied and the relevance of personal drug use to rehabilitation and the nature of the offence.