23 Jan 2020
The trial judge did not err in the special hearing and properly found the admissions to be voluntary; having considered packaging, quantity, value and the applicant's explanations (and his failure to testify or call witnesses), the only irresistible inference from the totality of admissible evidence was that the drugs were possessed for trafficking, so leave to appeal against conviction is refused.
11 Oct 2018
On the totality of the evidence — 7 grams of 100% pure methamphetamine, packaging in three small bags, the agreed street value inconsistent with the applicant's means, the presence of substantial cash and expert consumption evidence — the judge was entitled to infer possession was for trafficking; the sentence adopted was within applicable guidelines and the reduction for partial personal consumption was appropriate; accordingly leave to appeal against both conviction and sentence is refused.
14 Sept 2000
The magistrate lawfully rejected the appellant's account and, on the proven facts (quantity and packaging of drugs, cash on person, broken tablets and inconsistency with declared earnings), drew the only reasonable inference of trafficking; the sentencing decision (22 months) was within proper judicial discretion and not manifestly excessive.
19 Dec 1997
Any putative misdirection did not result in a miscarriage of justice because the judge made clear that proof was to be assessed on the whole of the evidence and the only reasonable inference from the very large quantity of drugs was possession for the purpose of trafficking; accordingly leave to appeal was granted but the appeal was dismissed and the conviction and 23-year sentence were upheld.
11 Nov 1997
The conviction was upheld because the trial judge properly assessed witness credibility and permissibly drew an inference of trafficking from the possession of two kinds of drugs, the quantities and the circumstances of being intercepted leaving the building; the six-year sentence fell within the applicable sentencing guidelines and was not manifestly excessive.
15 Feb 1996
Given the total quantity of drugs, the presence of packaging materials and paraphernalia indicative of a packing operation, and the absence of any credible reason to suspect fabrication, the only reasonable inference was possession for the purpose of trafficking; therefore the conviction was not unsafe and the appeal was dismissed.
24 Nov 1995
Because the trial judge rejected the applicant's explanation and the objective evidence (multiple packets, blender with heroin traces and fingerprints, packaging material and attempts to dispose) overwhelmingly supported the inference of trafficking, the Court held that the judge was entitled to convict beyond reasonable doubt.
16 Sept 1994
The applicant failed to demonstrate a fundamental error in the sentencing exercise; although the judge misstated the statutory maximum, the imposed sentence of two years nine months was not such as to warrant appellate interference and thus the application for leave to appeal out of time was dismissed as futile.