R v Valesic

The applicant, Nedeljko Valesic, appealed his conviction for drug trafficking. The appeal was heard by Peek, Stanley, and Hinton JJ. The central dispute concerned whether the quantity of methylamphetamine found in the applicant's possession constituted a "trafficable quantity" under the relevant legislation, particularly in light of the drug being mixed with other substances.

The court was required to determine whether the verdict of guilty was unreasonable, unsafe, or unsatisfactory, and whether to admit fresh evidence in the form of a statement from a professor regarding the visibility and potential effects of trace amounts of methylamphetamine. The legal issues also encompassed the correct interpretation of the legislation defining a "trafficable quantity" of a controlled drug in a mixture, and whether the principles established in *Williams v The Queen* were applicable to the present case.

The court reasoned that the verdict was not unreasonable, unsafe, or unsatisfactory, finding that it was open to the jury to return a guilty verdict based on the evidence presented. Regarding the proposed fresh evidence, the court found that it would not have assisted the applicant's case. The report from Professor White indicated that even a trace amount of methylamphetamine could be visible and potentially have a mild stimulant effect, which could paradoxically support the Crown's case rather than the appellant's. The court also clarified the operation of section 32(5) of the relevant Act and the Controlled Substances Regulations, which define a trafficable quantity of methylamphetamine in a mixture as two grams. This definition, the court held, does not require a minimum purity level of the drug within the mixture, and the presumption of trafficking arises if the total weight of the mixture meets or exceeds the prescribed amount. The court distinguished the present case from *Williams v The Queen*, finding that the legislative framework and the facts of this case did not align with the principles applied in *Williams*.

The appeal was dismissed.