Falzon v The Queen

[2017] VSCA 74

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Relevance
4. › Drug offences
5. › Trafficking by possession for sale on single day
6. › Whether evidence of cash found at accused's home relevant to charge of possession for sale on one day
7. › Whether cash evidence constituted impermissible propensity or tendency reasoning
8. › Evidence Act 2008 (Vic), ss 55(1), 97, 137
1. Criminal Law
2. › Evidence
3. › Discretionary and mandatory exclusions
4. › Probative value outweighed by danger of unfair prejudice
5. › Drug trafficking
6. › Cash found at premises other than where offending alleged
7. › Evidence Act 2008 (Vic), s 137
1. Criminal Law
2. › Practice and Procedure
3. › Indictment
4. › Filing of fresh indictment during trial
5. › Whether jury delivered verdicts on indictment other than that for which empanelled
6. › Whether fundamental irregularity
7. › Criminal Procedure Act 2009 (Vic), ss 159(2), 164, 210(1), 215(2), 217
8. › Juries Act 2000 (Vic), s 36

Quick Take

Prosecutors charging trafficking by possession for sale on a single day (rather than as a Giretti count alleging an ongoing business) should be aware that evidence of cash found at premises other than where the offending occurred may be inadmissible as irrelevant or as inviting impermissible propensity reasoning.