Owen v WA

[2024] WASCA 165

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Propensity evidence
4. › Admissibility of prior convictions for similar drug offences
5. › Whether convictions for attempting to possess other prohibited drugs admissible as tendency evidence at trial for attempting to possess methylamphetamine
6. › Evidence Act 1906 (WA), s 31A
1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Attempt to possess prohibited drug with intent to sell or supply
5. › Whether acts relied upon by prosecution were more than merely preparatory to commission of offence
6. › Criminal Code (WA), s 4
7. › Misuse of Drugs Act 1981 (WA), ss 6(1)(a), 33(1)
1. Criminal Law
2. › Attempt
3. › Elements of offence
4. › Acts more than merely preparatory
5. › Whether providing delivery address and tracking parcel containing drugs constituted acts beyond mere preparation
6. › Criminal Code (WA), s 4

Quick Take

Propensity evidence concerning attempts to possess one type of prohibited drug is admissible at trial for attempting to possess a different type of prohibited drug where the tendency relates to methodology (use of postal services and assumed identities) rather than the specific drug type.