R v Levy

The applicant, R v Levy, sought leave to appeal against a conviction for drug trafficking. The appeal was based on two grounds, which a single judge had previously refused to consider as arguable. The case involved the discovery of methylamphetamine, drug paraphernalia, and a significant amount of cash during a police search of the applicant's unit, of which she was the sole lessee. A friend, Mr. Hughes, was stopped in a vehicle leaving the unit and found to be in possession of methylamphetamine, and he also possessed keys to the unit.

The legal issues before the court were whether the applicant was in possession of the methylamphetamine found in the unit, and whether the evidence supported a finding that she intended to traffic the drug. Specifically, the court had to consider the definition of possession in the context of drug offences and the inferences that could be drawn from the presence of drug-related items and cash within the applicant's home. The applicant's assertion that a friend occasionally stayed at the premises, despite her initial statement that no one else lived there, was also a relevant factor in determining control and possession.

The court considered the principles of possession under the relevant legislation, which requires proof that the accused had physical control of the substance with knowledge of its existence and nature. The court noted that possession could be established by circumstantial evidence, and that the presence of a large quantity of methylamphetamine, along with numerous unused press seal bags, a calculator, mortar and pestle, scales with the applicant's DNA, and significant amounts of cash, strongly indicated an intention to traffic. The court found that the evidence, taken as a whole, was overwhelming and that the applicant's arguments were not genuinely arguable.

The application for leave to appeal was dismissed.