Sims v WA

[2020] WASCA 100

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Drug offences
3. › Possession of prohibited drug with intent to sell or supply
4. › Whether appellant aware or believed in likelihood that container held drugs
5. › Physical custody of container insufficient to establish possession
6. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Unreasonable verdict
5. › Whether verdict unreasonable or unsupported by evidence
6. › Whether evidence capable of excluding reasonable inference consistent with innocence
7. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Evidence
2. › Propensity evidence
3. › Prior convictions for drug dealing
4. › Whether prior convictions capable of filling gap in prosecution case on knowledge
5. › Evidence Act 1906 (WA), s 31A

Quick Take

Physical custody of a container is insufficient to establish possession of drugs hidden within it; the prosecution must prove beyond reasonable doubt that the accused was aware or believed in the likelihood that the container held drugs. Prior convictions for drug dealing that are materially different in nature from the charged conduct are incapable of excluding a reasonable inference consistent with innocence regarding the accused's knowledge of the drugs.