Criminal Lawyers Melbourne
Possession of heroin
This was an interesting case of a person convicted after a plea of not guilty to possession of prohibited drugs (heroin) with intent to sell or supply. The Appellant maintained his innocence in sworn evidence before the court in his jury trial. In answer to the final question asked by the Crown prosecutor, whether he was still “doing drugs,” he responded no, and “I never have.” The Crown prosecutor then asked questions which revealed his prior conviction for drug dealing.
The Western Australian Court of Criminal Appeal found that he had been impermissibly cross-examined about his prior criminal history for drug offending. The appeal was allowed.
To view this past case, see http://www.austlii.edu.au/au/cases/wa/WASCA/2002/118.html.
