Buiks v WA

(2008) 188 A Crim R 362; [2008] WASCA 194

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Propensity evidence
4. › Admissibility under s 31A Evidence Act 1906 (WA)
5. › Significant probative value
6. › Whether prior conviction as aider and abetter had significant probative value where charged as principal offender
7. › Evidence Act 1906 (WA), s 31A
1. Criminal Law
2. › Appeal
3. › Miscarriage of justice
4. › Wrongful admission of propensity evidence
5. › Application of proviso
6. › Whether court satisfied beyond reasonable doubt of guilt on remaining evidence
7. › Criminal Appeals Act 2004 (WA), s 30(3)(b), s 30(4)
1. Criminal Law
2. › Drug offences
3. › Cultivation of cannabis
4. › Meaning of 'to cultivate' and 'to harvest'
5. › Whether clipping or cutting cannabis plant material constitutes harvesting
6. › Misuse of Drugs Act 1981 (WA), s 3(1), s 7(1)(a)

Quick Take

Evidence of a prior conviction for a drug offence as an aider and abetter with limited, peripheral involvement does not have 'significant probative value' under s 31A(2)(a) of the Evidence Act 1906 (WA) where the accused is charged as a principal offender in a substantially more serious operation. 'Clipping' or cutting cannabis plant material, including after the plant has been removed from the ground, constitutes 'harvesting' within the definition of 'to cultivate' in s 3(1) of the Misuse of Drugs Act 1981 (WA). The concept of harvesting includes gathering the part of a prohibited plant which contains the active drug constituent.