The appellant appealed his convictions for conspiracy to smuggle, sell, and possess alcohol, and possession of unlawfully imported spirits.
The Court of Appeal found significant errors in the trial judge's jury instructions.
The trial judge failed to adequately explain the defence's position, mischaracterized the defence's argument regarding the police investigation, and improperly suggested that police surveillance confirmed the evidence of unsavoury witnesses.
Additionally, the instructions on the co-conspirators' exception to the hearsay rule (the Carter test) were confusing and deficient.
The appeal was allowed, the convictions were set aside, and a new trial was ordered.