R v MACPHEE [2008] NSWDC 290

R v MACPHEE [2008] NSWDC 290

The accused intentionally exercised exclusive control over the cannabis found in and under his house, the analyst's certificate proved the substances were cannabis leaf weighing 354.7g, and although the tin cannabis was accepted as for personal use, the accused did not prove on the balance of probabilities that the frozen 335.7g was for personal use. The cultivation setup, large cash holdings, lack of legitimate living-expense withdrawals, implausible claimed consumption, and presence of scales, resealable bags and a heat sealer supported the conclusion that the deemed supply count was made out.

Jurisdiction
Australia
Judgment Date
02 December 2008
Procedural Posture
Criminal / Judge Alone Trial Verdict on Count of Deemed Supply
Outcome
Guilty of deemed supply
Legal Topics
['drug Offences' 'deemed Supply' 'possession of Cannabis Leaf' 'trafficable Quantity' 'judge Alone Trial']
['criminal Law'] ['drug Offences' 'deemed Supply' 'possession of Cannabis Leaf' 'trafficable Quantity' 'judge Alone Trial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Judge Alone Trial Verdict on Count of Deemed Supply

Legal Issues

  1. 1 ['Whether the accused was in possession of the cannabis leaf found in the kitchen tin and laundry freezer.' 'Whether the substances were cannabis leaf and exceeded the trafficable quantity of 300 g.' 'Whether the accused proved on the balance of probabilities that the cannabis leaf was possessed for personal use rather than supply.']

Ratio Decidendi

The accused intentionally exercised exclusive control over the cannabis found in and under his house, the analyst's certificate proved the substances were cannabis leaf weighing 354.7g, and although the tin cannabis was accepted as for personal use, the accused did not prove on the balance of probabilities that the frozen 335.7g was for personal use. The cultivation setup, large cash holdings, lack of legitimate living-expense withdrawals, implausible claimed consumption, and presence of scales, resealable bags and a heat sealer supported the conclusion that the deemed supply count was made out.

Court Disposition

Guilty of deemed supply

Orders

  • ['The accused is guilty of count 2, deemed supply.']