An agreed statement of facts accepted by a sentencing judge under s 132C(2) of the Evidence Act 1977 (Qld) does not constitute a judicial finding or determination capable of founding an issue estoppel in subsequent proceedings. Such an admission cannot be regarded as operating or extending beyond the sentencing proceeding in which it was made. Even where the characterisation of drug possession is agreed at sentencing (e.g., for personal use), the prosecution in separate proceedings is not estopped from relying on evidence of that drug possession to support different charges such as possession of tainted property.
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