SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Trewin |
Citation: | [2018] ACTSC 109 |
Hearing Dates: | 24 June 2016, 27-29 June 2016; 27 February-2 March 2017; 26‑29 September 2017; 27-November 2017-1 December 2017 |
DecisionDate: | 27 April 2018 |
Before: | Burns ACJ |
Decision: | See [335]-[336] |
Catchwords: | CRIMINAL LAW – Judge-Alone Trial – Plea of not guilty – self-representation of accused at trial. EVIDENCE – Pre-Trial Application to Exclude Evidence – photographic evidence of accused’s premises – evidence seized from accused’s property during certain time periods – evidence relevant to application taken on voir dire – evidence subject of the objection admitted. EVIDENCE – Objection to Tender of Evidence Given at Trial – Five documents headed “Registration of Drugs/Suspected Substances Seized or Acquired” – two certificates prepared by the ACT Government Analytical Laboratory – evidence admitted. DRUG OFFENCES – Trafficking in a trafficable quantity of cannabis – presumption of intent or belief about the sale of the drug if trafficable quantity is possessed – whether satisfied beyond reasonable doubt that the accused was in possession of more than the trafficable quantity of cannabis – whether evidence to displace the statutory presumption that he did so with the intention of selling it – cultivating a trafficable quantity of cannabis with intention of selling any of the plants or their products – presumption that defendant had the intention or belief about the sale of the plant or its products for the offence if trafficable quantity is cultivated – whether satisfied beyond reasonable doubt that the accused cultivated a trafficable quantity of cannabis plants – whether satisfied that he did so with the intention of selling the plants or their products or that he believed that someone else intended sell the plants or their products. |
Legislation Cited: | Crimes Act 1900 (ACT) ss 194, 198, 203; div 13.2 Criminal Code 2002 (ACT) ss 600, 602, 603, 604, 615, 616, 617 Supreme Court Act 1933 (ACT) s 68B |
Parties: | The Queen (Crown) Simon Trewin (Accused) |
Representation: | Counsel Ms K MacKenzie (24, 27-29 June 2016; 27 February-2 March 2017) and Mr S McLaughlin (26-29 September 2017; 27-November 2017-1 December 2017) (Crown) Mr J Purnell SC and Ms K Musgrove (24, 27-29 June 2016), Mr R Thomas (27 February-2 March 2017) and self-represented (26-29 September 2017; 27 November 2017-1 December 2017) (Accused) |
| Solicitors ACT Director of Public Prosecutions (Crown) Elizabeth Fleming & Associates Lawyers (24, 27-29 June 2016), Canberra Criminal Lawyers (27 February-2 March 2017) and self-represented (26-29 September 2017; 27-November 2017-1 December 2017) (Accused) | |
File Numbers: | SCC 87 of 2015; SCC 88 of 2015 |
BURNS J:
The accused has been charged with one count of trafficking in a trafficable quantity of cannabis; and one count of cultivating a trafficable quantity of cannabis with intention of selling any of the plants or their products. To these…
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- AGLC
- R v Trewin [2018] ACTSC 109
- Case
- [2018] ACTSC 109
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to resolve included whether the evidence presented was sufficient to prove beyond reasonable doubt that Trewin possessed and cultivated a trafficable quantity of cannabis with the intent to sell it. The court had to assess whether the statutory presumptions under drug trafficking laws were satisfied by the evidence provided. The court also needed to determine if the admission of the objected evidence was lawful and if it contributed to the prosecution’s case.
The court examined the sufficiency and admissibility of the evidence, including the photographs and seized items. The court concluded that the prosecution had met the burden of proof, establishing that Trewin was in possession of a trafficable quantity of cannabis and had cultivated it with the intent to sell. The court found that the statutory presumptions were appropriately applied and that the evidence was both relevant and properly admitted. The court also noted that despite Trewin’s self-representation, the trial was conducted fairly and in accordance with legal standards.
The court upheld the conviction, finding that the evidence was sufficient to satisfy the elements of the drug trafficking charges. The objections to the evidence were dismissed as the court found the evidence was properly obtained and relevant. The final orders of the court confirmed the conviction on all counts and set out the sentencing arrangements.
Orders
Orders of the court
See [335]-[336]
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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