Rasimi v The Queen

The appeal before the court involved the appellant, Rasimi, who was convicted for trafficking in a drug of dependence under section 71AC of the Drugs Poisons and Controlled Substances Act 1981 (Vic), with a maximum penalty of 15 years’ imprisonment. The legal issue was whether the sentencing judge was required to consider the lesser maximum penalty of 10 years' imprisonment applicable to the federal offence of trafficking in a controlled substance under section 304.2 of the Criminal Code (C’th). This issue presented a conflict between the decisions of the Victorian Court of Appeal and the New South Wales Court of Appeal, with potential ramifications under the Commonwealth Constitution.

The court considered the implications of the conflict between these authorities and the possibility of constitutional issues arising from section 109 of the Constitution, which addresses the supremacy of Commonwealth law over state law in cases of inconsistency. Given the importance of the principle at stake and its potential general application, the court allowed the late application to amend the grounds of appeal. The appellant was directed to give notice under section 78B of the Judiciary Act 1903 (C’th), and the appeal was referred to the Registrar of Criminal Appeals for listing before not less than three judges of appeal.

The court's decision underscores the importance of resolving conflicts in legal principles, especially when they involve potential constitutional questions. The allowance of the late application to amend the grounds of appeal reflects the gravity of the legal issues raised. The case was thus referred for further hearing to ensure a comprehensive resolution of the conflicting authorities and their constitutional implications.