Lipp v The Queen

The appellant was found in possession of an unregistered firearm and various other items by police, leading to a conviction for possession in furtherance of criminal activity and various drug-related offences. The appeal against sentence was dismissed, but leave to appeal the conviction was granted. The appeal against conviction centred on whether the appellant’s conviction for possession of a precursor chemical under s 71D of the Drugs, Poisons and Controlled Substances Act 1981 constituted double punishment for the possession of a substance, material or equipment for trafficking in a drug of dependence under s 71A. The appellant argued that both offences were for possession of the same substance and thus constituted double punishment, as held in Pearce v The Queen and Lecornu v The Queen. The Court found that the reasoning in those cases did not apply to the current legislation. The Court found that the two offences were not identical in nature, and the s 71D offence was not simply an extension of the s 71A offence. The appeal against conviction was dismissed, and leave to appeal the sentence was refused.