Taylor v The Queen

[2020] VSCA 50

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Drug offences
3. › Trafficking in drug of dependence
4. › Definition of 'drug of dependence'
5. › Whether class of drugs can constitute a 'drug of dependence'
6. › Whether charge disclosed offence known to law
7. › Drugs, Poisons and Controlled Substances Act 1981 (Vic), ss 4, 71AC, Sch 11 Pt 3
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Charge not disclosing offence known to law
5. › Whether failure to object at trial precludes appeal
6. › Whether substantial miscarriage of justice
1. Statutes
2. › Interpretation
3. › Singular and plural
4. › Whether contrary intention appears
5. › Interpretation of Legislation Act 1984 (Vic), s 37
1. Criminal Law
2. › Indictments
3. › Duplicity
4. › Giretti trafficking charge
5. › Whether charge alleging trafficking in class of drugs duplicitous

Quick Take

Prosecutors charging trafficking in anabolic and androgenic steroidal agents under s 71AC of the Drugs Act must charge each individual substance separately as a drug of dependence, rather than charging the class as a whole.