Gavanas and Khodr v The Queen

[2013] VSCA 178

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Conviction
3. › Appeal against conviction
4. › Verdict unreasonable or unsupported by evidence
5. › Trafficking a drug of dependence by manufacture
6. › Whether open to jury to be satisfied of manufacture, single batch, and intention as to commercial quantity
7. › Drugs, Poisons and Controlled Substances Act 1981 (Vic), s 71AA
1. Criminal Law
2. › Conviction
3. › Appeal against conviction
4. › Misdirection
5. › Obligation of trial judge to direct on issues not raised by defence
6. › Whether evidence sufficiently raised alternative case requiring direction
7. › Whether failure to leave alternative verdict of trafficking simpliciter
1. Criminal Law
2. › Conviction
3. › Appeal against conviction
4. › Verdict unreasonable or unsupported by evidence
5. › Possession of substances and equipment for purpose of trafficking
6. › Whether attendances at premises consistent only with other offending
7. › Whether possession and intention established
8. › Drugs, Poisons and Controlled Substances Act 1981 (Vic), s 71A
1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Manifest excess
5. › Drug offences
6. › Totality
7. › Cumulation of sentences
8. › Whether sentence on possession count and cumulation order manifestly excessive

Quick Take

Punishment for the preparatory offence of possessing equipment and substances for trafficking under s 71A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic) cannot be treated as a proxy for punishment of the substantive trafficking offence; the potential yield of chemicals is relevant to assessing gravity but must be kept in proportion to the maximum penalty for the preparatory offence. Where pre-sentence detention is reduced after sentencing, both the head sentence and non-parole period should ordinarily be reconsidered, not merely the non-parole period.