SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0014
| SCOTT ANDREW PARKS | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P, BEACH and McLEISH JJA |
| WHERE HELD: | GEELONG |
| DATE OF HEARING: | 2 August 2017 |
| DATE OF JUDGMENT: | 1 September 2017 (MELBOURNE) |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 232 |
| JUDGMENT APPEALED FROM: | DPP v Parks (Unreported, County Court of Victoria, Judge Murphy, 19 August 2016) |
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CRIMINAL LAW – Appeal – Conviction – Trafficking commercial quantity methylamphetamine – Whether verdict unsafe and unsatisfactory – Leave to appeal refused.
EVIDENCE – Evidence of precursor chemical – Evidence of phosphorous acid as ingredient in methylamphetamine manufacture – Whether evidence probative of trafficking commercial quantity – Whether probative as to knowledge – Whether evidence unfairly prejudicial – Adequacy of direction on evidence – Evidence Act 2008 s 137.
CRIMINAL LAW – Appeal – Sentence – Trafficking commercial quantity methylamphetamine – Manifest excess – Leave to appeal refused.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr S P Devlin | Theo Magazis & Associates |
| For the Respondent | Ms S A Flynn | Mr J Cain, Solicitor for Public Prosecutions |
MAXWELL P
BEACH JA
McLEISH JA:
On 10 August 2016, the applicant (now aged 43) was convicted after a trial of one charge of trafficking in a commercial quantity of a drug of dependence (methylamphetamine), one charge of trafficking in a drug of dependence (cannabis) and one charge of possessing a precursor chemical (phosphorous acid). He had previously pleaded guilty to two charges of possessing a drug of dependence (cocaine and 1,4 butanediol). The jury acquitted him of other trafficking and possession charges. After the verdicts he also pleaded guilty to a summary offence of possessing cartridge ammunition. The applicant was sentenced on 19 August 2016 as follows:
Charge
Offence
Maximum
Sentence
Cumulation
1
Trafficking commercial quantity drug of dependence (methylamphetamine)
[Drugs, Poisons & Controlled Substances Act 1981 s 71AA]25 years’ imprisonment 6 years Base 4 Possess drug of dependence (cocaine)
[Drugs, Poisons & Controlled Substances Act 1981 s 73]1 year 1 month - 5 Trafficking drug of dependence (cannabis)
[Drugs, Poisons & Controlled Substances Act 1981 s 71AC]15 years 3 years 1 year 8 Possess drug of dependence (1,4 butanediol)
[Drugs, Poisons & Controlled Substances Act 1981 s 73]1 year 1 month - 9 Possess precursor chemical (phosphorous acid)
[Drugs, Poisons & Controlled Substances Act 1981 s 71D]5 years 1 year 6 months Summary Charge 5 Possess cartridge ammunition [Firearms Act 1996 s 124] 40 penalty units $800 fine - Total effective sentence: 7 years and 6 months’ imprisonment; $800 fine Non-parole period: 4 years and 6 months’ imprisonment
A forfeiture order was made in relation to cash in the aggregate sum of $101,340.
Proposed grounds of appeal
The applicant sought leave to appeal against his convictions on charges 1 and 9, on two grounds:
1. That the convictions on Charges 1 and 9 are unsafe and unsatisfactory on the basis that the learned trial…
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- AGLC
- Scott Andrew Parks v The Queen [2017] VSCA 232
- Case
- [2017] VSCA 232
- Decision Date
CaseChat Overview and Summary
The court considered whether the evidence of phosphorous acid was probative of trafficking in a commercial quantity and whether it provided evidence of the appellant’s knowledge. The court also examined if this evidence was unfairly prejudicial under the Evidence Act 2008, s 137, and whether the trial judge adequately directed the jury on this evidence. The court found that the evidence was both relevant and probative of the offence and the appellant’s knowledge, and that any prejudicial effect did not outweigh its probative value. Furthermore, the trial judge’s directions to the jury were deemed adequate.
The court concluded that the verdict was safe and satisfactory, and the sentence was not manifestly excessive. Consequently, the appellant’s leave to appeal was refused. The original conviction and sentence were upheld by the court.
Orders
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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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