The Queen v Dang

The applicant, Mr. Dang, sought leave to appeal against his conviction for the offence of possession of a prohibited drug, namely cannabis, contrary to s 10 of the *Drug Misuse and Trafficking Act 1985* (NSW). The application was heard by Gleeson CJ in chambers.

The primary legal issue before the Chief Justice was whether the evidence presented at trial was sufficient to establish beyond reasonable doubt that Mr. Dang had possession of the prohibited drug. This involved considering the nature of possession as defined by law and whether the prosecution had discharged its onus of proof in relation to that element.

Gleeson CJ considered the evidence led by the prosecution, which included the discovery of cannabis in a vehicle occupied by Mr. Dang. His Honour applied the legal principles relating to possession, which require proof that the accused had knowledge of the existence of the prohibited substance and had a degree of control over it. After reviewing the evidence, Gleeson CJ concluded that there was a reasonable doubt as to whether the prosecution had proven Mr. Dang's possession of the drug.

Consequently, leave to appeal was granted, the appeal was upheld, the conviction was quashed, and an order for a new trial was made.