SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2012 0089
| VINCENZO MEDICI | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES | HARPER, PRIEST and COGHLAN JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 19 March 2013 |
| DATE OF JUDGMENT | 14 May 2013 |
| MEDIUM NEUTRAL CITATION | [2013] VSCA 111 |
| JUDGMENT APPEALED FROM | Unreported, County Court of Victoria, 14 February 2011 (Conviction), Judge Chettle |
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CRIMINAL LAW – Appeal against conviction – Appellant convicted on one count of trafficking a drug of dependence, namely methylamphetamine, contrary to section 71AC of the Drugs Poisons and Controlled Substances Act 1981 – Whether the judge erred by impermissibly dictating the sequence of the jury’s deliberations – Appeal dismissed.
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| Appearances: | Counsel | Solicitors |
| For the Appellant | Mr O P Holdenson QC | Lewenberg & Lewenberg |
| For the Crown | Mr B F Kissane | Mr C Hyland, Solicitor for Public Prosecutions` |
HARPER JA:
I have had the advantage of reading, in draft, the judgment of Priest JA. I agree with his Honour that the appellant has suffered no substantial miscarriage of justice, and that the appeal should be dismissed. I differ from his Honour in only one respect; and it is a difference not so much of substance as in emphasis. But if that difference is to be understood, it is necessary to deal briefly with the facts and the issues – both of which have been examined in more detail in his Honour’s judgment, to which I am greatly indebted.
The appellant was convicted of trafficking in methylamphetamine, which is well known as a drug of dependence. The prosecution case was based upon evidence obtained as a result of telephone intercepts, together with the discovery of very large quantities of drugs and other substances in the possession either of the appellant himself or of associates of his. One possible use to which these substances, some themselves drugs of dependence, could be put was in the manufacture of methylamphetamine, which the prosecution have identified as the drug of principal concern. His defence was that the chemicals were to be employed for innocent purposes: for industrial cleaning, or in the manufacture of herbicides and pesticides.
The presentment contained 11 counts. Positioned above the other ten was count 1. It alleged simply that, between 1 August 2007 and 28 May 2008, the appellant trafficked in methylamphetamine.
Of the remaining 10 counts, eight were alternatives to count 1. As examples, counts 2 and 4 alleged that the appellant on a day specified in the count possessed a drug of dependence (respectively, phenylacetic acid and propiophenone) for the purpose of trafficking in that drug. Each of phenylacetic acid and propiophenone, however, is also a precursor for the manufacture of methylamphetamine; and counts 3 and 5 therefore alleged that the appellant possessed the phenylacetic acid or propiophenone, as the case may be, as a prescribed precursor chemical in not less than the prescribed quantity. In these circumstances, the Crown was content, upon the appellant’s conviction for trafficking in methylamphetamine, to allow these counts to fall away.
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- AGLC
- Medici v The Queen [2013] VSCA 111
- Case
- [2013] VSCA 111
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the judge's direction to the jury amounted to an error that could have affected the fairness of the trial. The court had to determine if the judge's instructions were within the bounds of acceptable judicial guidance or if they amounted to an improper dictation of the jury's decision-making process. This involved a careful examination of the language used by the judge and its potential impact on the jury's independence.
The court held that the judge's directions did not constitute an error that warranted overturning the conviction. It was found that the judge's language, while perhaps not ideal, did not coerce the jury into following a specific sequence in a manner that compromised the trial's fairness. The court emphasised that while judges must be cautious in their instructions to avoid influencing the jury unduly, minor deviations in phrasing do not necessarily result in a miscarriage of justice. Consequently, the appeal was dismissed, and Medici's conviction was upheld.
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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