The appropriate test for appellate interference with a sentencing judge's findings of fact in Queensland remains an open question following R v Strbak [2019] QCA 42, as the High Court did not address this issue when overturning Strbak. In the absence of submissions, the Court of Appeal adopted the less restrictive view that a mistake of fact material to sentencing may suffice, rather than requiring the finding to be not reasonably open or the product of legal error. The combination of a large quantity of high-purity methylamphetamine, unexplained cash, and a money counting machine was sufficient to support a finding of partial commerciality, notwithstanding the applicant's evidence of heavy personal use.
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