Where the Crown's case on trafficking is based on evidence independent of the offender's possession of the drug (such as telephone intercepts and surveillance), a separate conviction for possession of a different quantity of the drug does not constitute double punishment. The double punishment principle is engaged only where the Crown relies on the criminal act of possession as the basis for establishing trafficking through the deemed trafficking provisions in ss 70 or 73(2) of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).
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