Washer v Western Australia

HIGH COURT OF AUSTRALIAGLEESON CJ,KIRBY, HAYNE, HEYDON AND CRENNAN JJRAYMOND JAMES WASHER  APPELLANTANDTHE STATE OF WESTERN AUSTRALIA  RESPONDENTWasher v The State of Western Australia [2007] HCA 488 November 2007P6/2007ORDERAppeal dismissed.On appeal from the Supreme Court of Western Australia RepresentationD Grace QC with C B Boyce for the appellant (instructed by the Office of David Grace QC)S Vandongen with S F Rafferty for the respondent (instructed by Director of Public Prosecutions (WA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWasher v The State of Western AustraliaEvidence – 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 another – 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...