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Date of conviction after trial (Bowskill J and jury) of possessing drugs and weapon found in bedrooms of house; counts 1-2 concerned things in bedroom 1; counts 3-4 related to bedroom 2, which was in same wing of house as bedroom 1; Crown case relied on, inter alia, personal effects belonging to accused in bedroom 2 and inference that occupier of bedroom 2 also occupied bedroom 1 (Drugs Misuse Act 1986 (Qld) s 129(1)(c)); defence case that accused had formerly occupied bedroom 2.
Appeal Determined (QCA)
[2022] QCA 69
10 May 2022
Appeal against convictions on counts 1-2 dismissed; contended that trial judge misdirected jury that it sufficed to find that accused occupied relevant wing of house; her Honour made it clear that jury should consider as a separate factual question whether accused occupied bedroom 1; summing-up could not be understood as suggesting that if accused occupied bedroom 2 it followed that he occupied bedroom 1: McMurdo JA (with whom Sofronoff P and Boddice J agreed).
Appeal Status
Appeal Determined (QCA)
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