SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0283
| SUSAN FALZON | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P, PRIEST and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 7 November 2019 |
| DATE OF JUDGMENT: | 12 December 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 294 |
| JUDGMENT APPEALED FROM: | [2018] VCC 1997 (Judge Quin) |
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CRIMINAL LAW – Appeal – Conviction – Trafficking in commercial quantity – Trafficking in drug of dependence – Whether verdicts unreasonable and cannot be supported having regard to evidence – Circumstantial Crown case – Whether sufficient evidence to prove applicant party to joint criminal enterprise – Evidence insufficient – Not open to jury to convict – Leave to appeal granted – Appeal allowed – Convictions on both charges set aside and substituted with verdicts of acquittal – Criminal Procedure Act 2009 s 276(1)(a), Crimes Act 1958 s 323(1)(c).
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P J Smallwood with Ms F Fox | Stary Norton Halphen |
| For the Respondent | Mr J C J McWilliams | Mr J Cain, Solicitor for Public Prosecutions |
MAXWELL P:
I have had the advantage of reading in draft the reasons for judgment of T Forrest JA. I agree with the orders which his Honour proposes, for the reasons which he gives.
PRIEST JA:
I agree with T Forrest JA.
T FORREST JA:
The applicant was convicted in the County Court of one charge of trafficking in a commercial quantity of cannabis contrary to s 71AA of the Drugs, Poisons and Controlled Substance Act 1981 (‘the Act’), and one charge of trafficking in a drug of dependence contrary to s 71AC of the Act.
On 21 November 2018, she was sentenced as follows:
Charge
Offence
Maximum
Sentence
Cumulation
1 Trafficking in a commercial quantity of a drug of dependence (cannabis)
(Drugs, Poisons and Controlled Substances Act 1981 s 71AA)
25 years’
imprisonment
4 years’
Community Correction Order (‘CCO’)
N/A 3 Trafficking in a drug of dependence (cannabis)
(Drugs, Poisons and Controlled Substances Act 1981 s 71AC)
15 years’ imprisonment 4 years’ CCO N/A Total effective sentence: 4 years’ CCO with a special condition of 150 hours of unpaid community work Non-parole period: N/A Pre-sentence detention: N/A Section 6AAA statement: N/A Other relevant orders: Disposal order and forensic sample order
The applicant filed an application for leave to appeal against conviction containing the following ground:
Ground 1:The verdict is unreasonable or cannot be supported having regard to the evidence.
Legal principles
Section 276(1)(a) of the Criminal Procedure Act 2009
Section 276(1)(a) of the Criminal Procedure Act 2009 (‘CPA’) obliges this Court to allow an appeal against conviction if it considers that the jury’s verdict is ‘unreasonable or cannot be supported having regard to the evidence.’
An intermediate appellate court must undertake its own independent evaluation of the evidence to decide whether a jury must, as opposed to might, have entertained a doubt about the applicant’s guilt.[1] Setting aside a verdict is a serious step; one not to be…
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- AGLC
- Susan Falzon v The Queen [2019] VSCA 294
- Case
- [2019] VSCA 294
- Decision Date
CaseChat Overview and Summary
The High Court found that the evidence presented was not sufficient to support the verdicts. The Crown's case was entirely circumstantial, and the evidence was insufficient to prove beyond reasonable doubt that Falzon was part of the joint criminal enterprise. The Court held that it was not open to the jury to convict Falzon based on the evidence presented. As a result, the Court granted leave to appeal and allowed the appeal, setting aside the convictions on both charges and substituting them with verdicts of acquittal. The Court's decision was based on the statutory provisions of the Criminal Procedure Act 2009 and the Crimes Act 1958, which require that a conviction can only be based on evidence that is sufficient to prove the offence beyond reasonable doubt.
The High Court's decision in Falzon v The Queen highlights the importance of the standard of proof in criminal cases and the necessity for the prosecution to present sufficient evidence to support a conviction. The Court's ruling sets a precedent for future cases involving circumstantial evidence and the standard of proof required to secure a conviction. The final orders of the Court were to set aside Falzon's convictions and substitute them with verdicts of acquittal on both charges. This decision has significant implications for criminal law in Australia, particularly in cases involving trafficking in commercial quantity and trafficking in drugs of dependence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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