Full Court Minute Books

Case P21/2017

Kalbasi v. The State of Western Australia

Case No.


Case Information

Lower Court Judgment

17/08/2016 Supreme Court of Western Australia (Court of Appeal) (McLure P, Mazza JA & Mitchell JA)

[2016] WASCA 144


Criminal law – Appeal against conviction – Criminal Appeals Act 2004 (WA) s 30(4) – Where appellant convicted of attempt to possess prohibited drug with intent to sell or supply contrary to Misuse of Drugs Act 1981 (WA) ss 6(1)(a), 33(1) – Where Court of Appeal concluded jury directions on intention erroneous as presumption of intent to sell or supply under s 11 of Act did not apply, but held no substantial miscarriage of justice – Whether Court of Appeal erred in finding no substantial miscarriage of justice and applying proviso – Whether Weiss v The Queen (2005) 224 CLR 300 should be revisited and/or qualified and/or overruled.

Short particulars


12/05/2017 Hearing (SLA, Canberra v/link Perth)

23/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (Respondent)

21/07/2017 Reply

07/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/03/2018 Judgment (Judgment summary)