Washer v The State of Western Australia [2007] HCA 48 (8 November 2007)

[2007] HCA 48

Evidence – Admissibility – Relevance – Appellant convicted of conspiracy to possess a prohibited drug with intent to sell or supply it to another – Appellant had been previously acquitted of a conspiracy covering different times, parties and object, to possess a prohibited drug with intent to sell or supply it to anotherĀ - Trial judge admitted evidence tending to show the appellant was a drug dealer (the “drug dealing evidence”) – The drug dealing evidence had been adduced in the earlier trial in which the appellant was acquitted – Trial judge directed the jury not to use the drug dealing evidence to infer that a person who dealt in drugs on one occasion was more likely to do so subsequently – Whether the drug dealing evidence was relevant to the offence of which the appellant was convicted – Whether evidence that the appellant had been acquitted of the previous charge was relevant and admissible.

Words and phrases – “the full effect of an acquittal”, “the full benefit of an acquittal”.

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