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Key decisions

  • Rodi v Western Australia [2018] HCA 44
  • Mighty River International Limited v Hughes; Mighty River International Limited v Mineral Resources Limited [2018] HCA 38


Fresh evidence – miscarriage of justice

In Rodi v Western Australia [2018] HCA 44 (10 October 2018) the High Court held that fresh evidence relevant to the applicant’s case had caused a miscarriage of justice requiring a new trial.

Police found 925.19g of cannabis in the appellant’s house. He was charged with possession of a prohibited drug with intent to sell or supply. At trial, the appellant admitted possession but argued that the cannabis came from two plants found at his house and that it was purely for his personal use. At trial, a Detective Coen gave evidence that plants of the kind found would normally yield between 100 and 400g, and that the plants found would be at the lower end of the scale.

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