A trial judge's direction on possession that requires the State to prove intention to possess in addition to knowledge and control is overly favourable to the accused and cannot give rise to a miscarriage of justice. A certificate under s 11 of the Evidence Act 1906 (WA) does not oblige the court to accept the veracity of the witness's evidence. Where an appellant made a tactical decision not to call an available witness at trial, new evidence from that witness on appeal must show innocence or raise such a doubt that the court concludes the appellant should not have been convicted; it is not sufficient merely to show an increased chance of acquittal.
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