Le v WA

[2023] WASCA 8

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Circumstantial case
5. › Whether only reasonable inference was guilt of accused
6. › Whether verdicts unreasonable or unsupported by evidence
7. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Criminal Law
2. › Drug offences
3. › Possession of prohibited drug with intent to sell or supply
4. › Joint possession
5. › Constructive possession
6. › Whether accused had knowledge of and control or dominion over drugs not in physical custody
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 3(1)
1. Criminal Law
2. › Drug offences
3. › Possession of proceeds of offence
4. › Whether cash was proceeds of sale or supply of prohibited drugs
5. › Criminal Code (WA), s 563A(1)(b)
1. Criminal Law
2. › Evidence
3. › Circumstantial evidence
4. › Intercepted communications
5. › Code words
6. › Translation from Vietnamese to English
7. › Whether intercepted communications sufficient to establish coordination of drug enterprise

Quick Take

The court emphasizes evaluating circumstantial evidence holistically rather than in a piecemeal fashion, and a coordinator of a drug enterprise can be found to jointly possess drugs and cash stored at a safe house despite being interstate at the time of seizure.