[2016] TASCCA 20
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Roland v Tasmania [2016] TASCCA 20
ROLAND, Mark Raymond
vSTATE OF TASMANIA
DIRECTOR OF PUBLIC PROSECUTIONS
v
ROLAND, Mark Raymond
FILE NOS: 1591/2015
1525/2015
DELIVERED ON: 22 November 2016
DELIVERED AT: Hobart
HEARING DATE: 10 November 2016
JUDGMENT OF: Blow CJ, Estcourt and Brett JJ
CATCHWORDS:
Criminal Law – Particular offences – Drug offences – Dealing and distribution of drugs – Trafficking or sale and supply – Meaning of "traffick" – Continuing activity.
Misuse of Drugs Act 2001 (Tas), s 3.
Giretti v The Queen (1986) 24 A Crim R 112, followed.
Aust Dig Criminal Law [2468]
Criminal Law – Particular offences – Drug offences – Dealing and distribution of drugs – Evidence – Relevance – Possession of firearms and drugs not subject of charges.
Sultana v The Queen (1994) 74 A Crim R 267; R v Blackwell (1996) 87 A Crim R 289; R v Edwards [1998] 2 VR 354; R v Georgiou [2009] VSCA 57; Atholwood v The Queen (2000) 110 A Crim R 417; IMM v The Queen [2016] HCA 14, 90 ALJR 529, referred to.
Aust Dig Criminal Law [2469]
Criminal Law – Evidence – Propensity, tendency and co-incidence – Admissibility and relevancy – Propensity evidence – Effect of previous acquittal – Acquittal on charge of contravening order requiring surrender of firearms – Evidence of later possession of firearms – Acquittal not controverted.
Tasmania v Finnegan [2011] TASSC 74, 21 Tas R 116; R v Carroll [2002] HCA 55, 213 CLR 635; Ulutui v The Queen [2014] VSCA 110, 41 VR 676, followed.
Aust Dig Criminal Law [2776]
Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Trafficking in controlled substances – Dealer in business of selling various drugs to users over about three years – Sentence of three years' imprisonment with non-parole period of 18 months – Not manifestly inadequate.
Aust Dig Criminal Law [3521]
REPRESENTATION:
Counsel:
Appellant (1591/2015)/Respondent (1525/2015): E Hughes
Respondent (1591/2015)/Appellant (1525/2015): J Shapiro
Solicitors:
Appellant (1591/2015)/Respondent (1525/2015): Rae & Partners
Respondent (1591/2015)/Appellant (1525/2015): Director of Public Prosecutions
Judgment Number: [2016] TASCCA 20
Number of paragraphs: 46
Serial No 20/2016
File Nos: 1591/2015
1525/2015
MARK RAYMOND ROLAND v STATE OF TASMANIA
DIRECTOR OF PUBLIC PROSECUTIONS v MARK RAYMOND ROLAND
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
ESTCOURT J
BRETT J
22 November 2016
Orders of the Court
Appeal 1591/2015 dismissed.
Appeal 1525/2015 dismissed.
Serial No 20/2016
File Nos: 1591/2015
1525/2015
MARK RAYMOND ROLAND v STATE OF TASMANIA
DIRECTOR OF PUBLIC PROSECUTIONS v MARK RAYMOND ROLAND
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
BLOW CJ
22 November 2016
For the reasons stated by Estcourt J, I agree that both appeals should be dismissed.
File Nos: 1591/2015
1525/2015
MARK RAYMOND ROLAND v STATE OF TASMANIA
DIRECTOR OF…
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CaseChat Overview and Summary
The primary legal issues before the Court were the admissibility of certain evidence, specifically evidence relating to the appellant's possession of firearms, and whether the sentence of three years' imprisonment with an 18-month non-parole period was manifestly inadequate. The admissibility of the firearms evidence was contested on the grounds of propensity and relevance, particularly in light of a previous acquittal on a charge related to firearms.
The Court held that the evidence of the appellant's possession of firearms was relevant and admissible. It reasoned that the previous acquittal on a firearms charge did not preclude the admission of evidence of later possession of firearms, as the acquittal did not controvert the fact of possession. The Court further found that the sentence imposed was not manifestly inadequate, given the appellant's role as a dealer in the business of selling various drugs to users over approximately three years.
Consequently, both appeals, Appeal 1591/2015 and Appeal 1525/2015, were dismissed.
Orders
Orders of the court
Appeal 1591/2015 dismissed.
Appeal 1525/2015 dismissed.
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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