Practice and Procedure

R v JASUN DALE (2011)

PUBLISHED May 19, 2011

[2011] EWCA Crim 1675

A conviction for possession of cannabis with intent to supply was unsafe where the judge had excluded expert evidence regarding whether there was a general perception among drug users that cannabis was effective to manage or alleviate symptoms of epilepsy. The evidence would have provided objective evidence to demonstrate that such a belief was widely held and was relevant as to whether the defendant held a genuine belief to that effect.

CA (Crim Div) (Hughes LJ (V-P) , Roderick Evans J, Gloster J)