Court of Appeal overturns a conviction for possession of controlled drugs with intent to sell or supply, finding that hearsay evidence was improperly admitted at trial, prejudicing the defense's case. The original trial in the High Court had resulted in a 9-year sentence for the appellant, with the final 6 months suspended. The appellant's defense theory—that the drugs were placed in the vehicle after he had left it—was directly contradicted by the hearsay evidence, which suggested the drugs were present before the vehicle was stopped. The Court of Appeal held that this created an unfairness in the jury's consideration of the defense case, leading to the decision to quash the conviction and order a retrial.
Court of Appeal, controlled drugs, possession with intent to sell or supply, Misuse of Drugs Act 1977, Road Traffic Act 1994, hearsay evidence, chain of custody, search and seizure, common law power, Garda Síochána, CCTV footage, retrial, conviction quashed, s. 15A of the Misuse of Drugs Act 1977, s. 41 of the Road Traffic Act 1994, s. 23 of the Misuse of Drugs Act 1977, s. 8 of the Criminal Law Act 1976, voir dire (preliminary examination of evidence), The People (DPP) v. Hawkins, The People (at the suit of The Director of Public Prosecutions) v. CCE, R v. Galbraith (insufficient evidence standard).