RODI -v- THE STATE OF WESTERN AUSTRALIA [2017] WASCA 81

(2017) 51 WAR 96
SUPREME COURT OF WESTERN AUSTRALIA
[2017] WASCA 81
THE COURT OF APPEAL (WA)
N/A
CACR 95/2015
31 JANUARY 2017
BUSS P
MITCHELL JA
NEWNES AJA
21/04/2017
Perth
Appellant's application dated 3 September 2015 for leave to adduce additional evidence in the appeal granted Respondent's applications dated 30 September 2015 and 20 October 2015 for leave to adduce additional evidence in the appeal granted Appellant's application dated 30 January 2017 for leave to amend the grounds of appeal dismissed Leave to appeal on grounds 1, 2 and 5 refused Appellant's application for an extension of time to appeal dismissed Appeal dismissed
A
PAUL JOSEPH RODI
THE STATE OF WESTERN AUSTRALIA
Criminal law
Appeal against conviction
Possession of cannabis with intent to sell or supply
New or fresh evidence
Where appellant contended at trial that over 900
g of cannabis head material was harvested from two plants for personal use
Where expert evidence that typical naturally grown female cannabis plant can produce between 100
g and 400
g of cannabis head material
Where expert witness had previously given evidence in other trials that typical naturally grown female cannabis plant can produce between 300
g and 600
g of cannabis head material
Where differences in the evidence of the expert witness reflected a genuine change in his opinion
Where defence counsel did not object to the expert evidence adduced by the prosecutor at the trial and defence counsel did not adduce any expert evidence
Whether unavailability of evidence of expert's previous testimony gave rise to a miscarriage of justice
Criminal Appeals Act 2004 (WA), s30, s39, s40
Criminal Procedure Act 2004 (WA), s42, s95
Evidence Act 1906 (WA), s21, s22, s32
Misuse of Drugs Act 1981 (WA), s6(1)(a), s11, schV
Abbott v The State of Western Australia [2005] WASCA 42
(2005) 152 A Crim R 186
ARK v The State of Western Australia [2014] WASCA 45
Beamish v The Queen [2005] WASCA 62
CDJ v VAJ [1998] HCA 67
(1998) 197 CLR 172
CFM v The State of Western Australia [2017] WASCA 15
Crowley v Page (1837) 7 C & P 789
173 ER 344
Director of Public Prosecutions (Nauru) v Fowler (1984) 154 CLR 627
DPJB v The State of Western Australia [2010] WASCA 12
EXF v The State of Western Australia [2015] WASCA 118
Filippou v The Queen [2015] HCA 29
(2015) 256 CLR 47
Gallagher v The Queen [1986] HCA 26
(1986) 160 CLR 392
Hughes v The State of Western Australia [2015] WASCA 164
(2015) 299 FLR 197
Lawless v The Queen [1979] HCA 49
(1979) 142 CLR 659
Lee v The Queen [1998] HCA 60
(1998) 195 CLR 594
McMahon v The State of Western Australia [2010] WASCA 143
Mickelberg v The Queen [1989] HCA 35
(1989) 167 CLR 259
MJH v The State of Western Australia [2006] WASCA 167
(2006) 33 WAR 9
Nicholls v The Queen [2005] HCA 1
(2005) 219 CLR 196
PAH v The State of Western Australia [2015] WASCA 159
R v Birks (1990) 19 NSWLR 677
R v Taufahema [2007] HCA 11
(2007) 228 CLR 232
Rattan v The Queen [1974] HCA 35
(1974) 131 CLR 510
Rinaldi v The State of Western Australia [2007] WASCA 53
Rodi v The State of Western Australia [2014] WASCA 138
Rodi v The State of Western Australia [No 2] [2014] WASCA 233
Sio v The Queen [2016] HCA 32
(2016) 90 ALJR 963
Smith v The State of Western Australia [2014] WASCA 90
Spies v The Queen [2001] HCA 43
(2000) 201 CLR 603
Stanoevski v The Queen [2001] HCA 4
(2001) 202 CLR 115
The Queen's Case (1820) 2 Brod & B 284, 313
129 ER 976
TKWJ v The Queen [2002] HCA 46
(2002) 212 CLR 124
White v The State of Western Australia [2006] WASCA 62
Wimbridge v The State of Western Australia [2009] WASCA 196
N/A
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