NSW Caselaw
Reported Decision : 152 A Crim R 7
New South Wales Court of Criminal Appeal
CITATION: Regina v Howard [2005] NSWCCA 25
HEARING DATE(S): 3 February 2005
JUDGMENT DATE: 15 February 2005
JUDGMENT OF: Hunt AJA at 1; Grove J at 1; James J at 1
DECISION: Appeal allowed; Conviction quashed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - DEEMED SUPPLY OF CANNABIS - ALLEGED OFFENDER OVERSEAS FOR EXTENDED PERIOD - POLICE SEIZURE OF DRUG DURING HIS ABSENCE - PURPORTED EXPERT EVIDENCE OF RATE OF DETERIORATION AND CHANGE OF APPEARANCE AFTER HARVEST - VIEW OF MATERIAL AT TIME OF SEIZURE SOLE BASIS FOR OPINION - EXPERIENCE DID NOT QUALIFY WITNESS - INSUFFICIENT OTHER EVIDENCE TO INCULPATE APPELLANT
LEGISLATION CITED: S 29 Drug Misuse & Trafficking Act 1985
BRS v The Queen 1997 191 CLR 275 Makita (Australia) Pty Ltd v Sproules 2001 52 NSWLR 705 CASES CITED: R v Tugaga 1994 74 A Crim R 190 Shepherd v The Queen 1991 70 CLR 573 Sydney Wide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] FCAFC 157
PARTIES: Regina v Garry Ronald Howard
FILE NUMBER(S): CCA 2004/2216
J. Bennett, SC (Crown) COUNSEL: P. Strickland with A. Naylor (Appellant)
S. Kavanagh (DPP) SOLICITORS: John D. Weller & Associates (Appellant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/51/0185
LOWER COURT JUDICIAL OFFICER: Ducker ADCJ
IN THE COURT OF CRIMINAL APPEAL 2004/2216
HUNT AJA GROVE J JAMES J
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