The Queen v. Falzon
Case No.
M161/2017
Case Information
Lower Court Judgment
5/04/2017 Supreme Court of Victoria (Court of Appeal) (Whelan, Priest and Beach JJA)
Catchwords
Criminal law – Evidence – Admissibility – Drug trafficking – Drugs, Poisons and Controlled Substances Act 1981 (Vic) ss 71AC, 72A – Where respondent convicted of cultivating commercial quantity of cannabis contrary to s 72A and trafficking drug of dependence contrary to s 71AC(1) – Where trial judge admitted evidence of cash secreted in various locations at respondent’s home as “indicia of trafficking” – Evidence Act 2008 (Vic) ss 55(1), 137 – Where majority of Court of Appeal held substantial miscarriage of justice because trial judge erred in admitting evidence of cash found at respondent’s home – Whether Court of Appeal erred in concluding substantial miscarriage of justice.
Documents
20/10/2017 Hearing (SLA, Melbourne)
03/11/2017 Notice of appeal
24/11/2017 Written submissions (Appellant)
24/11/2017 Chronology (Appellant)
09/03/2017 Written submissions (Respondent)
26/03/2018 Reply
19/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
19/04/2018 Outline of oral argument (Appellant)
19/04/2018 Outline of oral argument (Respondent)
08/08/2018 Judgment (Judgment summary)