SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 264 of 2005
No. 269 of 2004
| THE QUEEN |
| v. |
| GRAEME FRANCIS MASON |
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JUDGES: | MAXWELL, P., BUCHANAN, J.A. and REDLICH, A.J.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 9 February 2006 | |
DATE OF JUDGMENT: | 17 March 2006 | |
MEDIUM NEUTRAL CITATION: | [2006] VSCA 55 | |
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Criminal law – Cultivation and trafficking in cannabis charged in the alternative – No direct evidence of purpose for possession of cannabis plants – Conviction on count of trafficking set aside – Applicant resentenced.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms G. Cannon | Mr S. Carisbrooke, Acting Solicitor for Public Prosecutions |
| For the Applicant | Mr P.F. Tehan, Q.C. with Mr M.J. Croucher | George Henderson |
MAXWELL, P.:
I have had the advantage of reading in draft the judgment of Buchanan, JA. I agree with the course which his Honour proposes and I do so for the reasons which he gives.
BUCHANAN, J.A.:
On 2 June 2001 members of the police force found 302 cannabis plants growing in a house at Donvale. The crop was growing hydroponically, using electricity diverted from the mains by a meter bypass. Three of the bedrooms and the garage were lined with plastic and fitted with large lights. The house was owned by the applicant’s son. In addition to the plants the police also found 12 kilograms of cannabis and more than 420 grams of cannabis seed. The value of the cannabis sold in pound lots was between $518,000 and $666,9000; if sold in ounce lots its value was between $830,000 to $948,000; if sold in gram lots its value was $1.3 million. On 13 March 2002 members of the police force searched a dwelling house at Warrandyte owned by the applicant and discovered 83 cannabis plants, again being grown hydroponically with electricity taken from the mains by a meter bypass.
In 1991 the applicant was sentenced in the Northern Territory to a term of four years’ imprisonment upon being convicted of producing cannabis. While in prison the applicant met Brett Schneider, who was also serving a sentence for a like offence. After they were released from prison the applicant persuaded Schneider to come to Melbourne and help to grow the cannabis crop at Donvale. Schneider stated that he was to live in the premises and cultivate the crop. The applicant provided Schneider with the cannabis plants and assisted him in their cultivation. The applicant paid all the expenses. The property at Warrandyte was occupied by a woman whom the applicant engaged to watch over the crop.
The sentencing judge described the applicant’s role in the cultivation as that of the entrepreneur who organised the premises, recruited labour, paid for the growing and development costs and supervised the overall operation.
The applicant was arraigned in the County Court and pleaded not guilty to a presentment containing one count of trafficking in a commercial quantity of cannabis between 1 November 2000 and 17 May 2002, one count of cultivating a commercial quantity of cannabis between…
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- AGLC
- R v Mason [2006] VSCA 55
- Case
- [2006] VSCA 55
- Decision Date
CaseChat Overview and Summary
The court found that the prosecution's case relied heavily on the inference that the cultivation of the cannabis plants was for the purpose of trafficking. However, the absence of direct evidence linking the appellant's possession of the plants to an intent to traffic undermined the conviction for trafficking. The court held that without evidence of the appellant's purpose, the conviction for trafficking could not be upheld. Consequently, the court set aside the conviction on the trafficking charge but upheld the conviction for cultivation. The court also resentenced the appellant, reflecting the reduced scope of his criminal liability. The High Court's decision thus clarified the evidentiary requirements for convictions related to cannabis cultivation and trafficking, emphasising the need for clear evidence of intent.
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