R v Tebbutt aka Karkoe

In the matter of the Commonwealth of Australia versus Tebbutt, also known as Karkoe, the defendant was charged with the possession of a traffickable quantity of a prohibited drug, specifically amphetamine. The case was heard in the Magistrates’ Court of Victoria, presided over by Magistrate Smith. The defendant claimed that the quantity of the drug was for personal use only, challenging the charge of trafficking.

The court was tasked with determining whether the quantity of amphetamine found in the defendant's possession constituted a traffickable quantity as per the relevant provisions of the relevant legislation. Additionally, the court had to consider the defence of personal use and assess whether this defence could negate the charge of trafficking. The court had to balance the evidence presented regarding the quantity of the drug and the circumstances surrounding its possession against the statutory criteria for determining a traffickable quantity.

Magistrate Smith concluded that the quantity of amphetamine found was indeed a traffickable quantity, exceeding the threshold specified in the legislation. The court found that the evidence did not support the defence of personal use, as the quantity and the circumstances of possession indicated an intent to traffic. The court found the defendant guilty of the charge, and the final orders were that the defendant be recorded as guilty of the offence.