Brown v WA

[2008] WASCA 48

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Expert evidence
4. › Police officer as expert witness
5. › Expertise gained through practical experience
6. › Whether police officer qualified to give evidence on effects of long-term cannabis use
7. › Whether cross-examination opened the door to re-examination on same topic
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Admission of expert evidence
5. › Whether trial judge erred in admitting evidence
6. › Effect of failure to object at trial
1. Criminal Law
2. › Appeal
3. › Sentence
4. › Manifest excess
5. › Drug offences
6. › Possession of cannabis with intent to sell or supply
7. › Relevance of quantity of drugs
8. › Comparable sentences
9. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)

Quick Take

A police officer with extensive practical experience in drug investigations may give expert evidence about the effects of long-term cannabis use, particularly where the opposing party's counsel has elicited similar evidence in cross-examination. Counsel who cross-examine a witness on the basis of assumed expertise risk opening the door to re-examination on the same topic. Sentences for commercial cannabis cultivation and possession with intent to sell or supply should reflect the firming-up trend identified in Day v The Queen.