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McCabe, Rowan Leigh v The Queen [2022] VSCA 139

Victorian Court of Appeal
Maxwell P, McLeish and Macaulay JJA

McCabe, Rowan Leigh v The Queen

Judgment Date: 
15 July 2022

CRIMINAL LAW - Appeal - Conviction - Jury directions - Identification of matters in issue - Role of trial counsel - Trafficking by possession for sale - Knowledge of presence of drug - Large quantities of drug and cash found in storage unit - Applicant leased and used unit - Whether directions required on exclusivity of applicant's possession, control, access to unit - Exclusivity not put in issue - Directions not requested - Whether 'substantial and compelling reasons' for giving unrequested directions - Whether photograph of applicant invited tendency reasoning - Whether reliance on presence of cash permissible - Whether evidence accurately identified for jury - No error - Extension of time refused - Dunn (a pseudonym) v The Queen [2017] VSCA 371, James v The Queen (2013) 39 VR 149, R v Falzon (2018) 264 CLR 361 applied - Jury Directions Act 2015, ss 11, 12, 15, 16, 65.