SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0285
| ROBIN JAMES TAYLOR | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST, HARGRAVE and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 14 February 2020 |
| DATE OF JUDGMENT: | 17 March 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 50 |
| JUDGMENT APPEALED FROM: | DPP v Taylor (Unreported, County Court of Victoria, Judge Patrick, 9 April 2018) |
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CRIMINAL LAW – Appeal – Conviction – Applicant convicted of trafficking a ‘drug of dependence’ contrary to s 71AC of the Drugs, Poisons and Controlled Substances Act 1981 (‘Drugs Act’) – Indictment charged applicant with trafficking ‘anabolic and androgenic steroidal agents’ – Applicant alleged to be in business of trafficking in accordance with Giretti v The Queen (1986) 24 A Crim R 112 – Multiple anabolic and androgenic steroidal agents referred to in charge – Whether offence as charged known to law – Whether charge bad for duplicity – Whether verdict uncertain – Definition of ‘drug of dependence’ in s 4 of Drugs Act considered – Anabolic and androgenic steroidal agents not a ‘drug of dependence’ within (c)(ii) definition in s 4 – Section 37 of Interpretation of Legislation Act 1984 considered – Charge not duplicitous – Verdict not uncertain – Leave to appeal granted in respect of challenge to charge as formulated – Not known to law – Appeal allowed – Conviction quashed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T Kassimatis QC with Mr S J Tovey | Fayman Lawyers |
| For the Crown | Mr R L Gibson QC with Mr T Bourbon | Ms A Hogan, Solicitor for Public Prosecutions |
PRIEST JA
HARGRAVE JA
WEINBERG JA:
On 1 December 2017, following a trial in the County Court at Melbourne, the applicant, Robin James Taylor, was convicted of the offences set out in the table below.
On 9 April 2018, the applicant was sentenced as follows:
Charge on Indictment
Offence
Maximum
Sentence
1.
Traffick drug of dependence [s 71AC — Drugs Poisons and Controlled Substances Act 1981]
15 years
7 years’ imprisonment
2.
Importation of Tier 1 Goods [s 233BAA(4) — Customs Act 1901 (Cth)]
5 years
2 years’ imprisonment (part of an aggregate sentence)
3.
Importation of Tier 1 Goods [s 233BAA(4) — Customs Act 1901 (Cth)]
5 years
2 years’ imprisonment (part of an aggregate sentence)
4.
Importation of Tier 1 Goods [s 233BAA(4) — Customs Act 1901 (Cth)]
5 years
2 years imprisonment (part of an aggregate sentence)
5.
Importation of Tier 1 Goods [s 233BAA(4) — Customs Act 1901 (Cth)]
5 years
2 years imprisonment (part of an aggregate sentence)
6.
Importation of Tier 1 Goods [s 233BAA(4) — Customs Act 1901 (Cth)]
5 years
2 years imprisonment (part of an aggregate sentence)
7.
Importation of Tier 1 Goods [s 233BAA(4) — Customs Act 1901 (Cth)]
5 years
2 years imprisonment (part of an aggregate sentence
8.
Importation of Tier 1 Goods [s 233BAA(4) — Customs Act 1901 (Cth)]
5 years
2 years imprisonment (part of an aggregate sentence)
9.
Importation…
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- AGLC
- Robin James Taylor v The Queen [2020] VSCA 50
- Case
- [2020] VSCA 50
- Decision Date
CaseChat Overview and Summary
The central legal issues were whether anabolic and androgenic steroidal agents are classified as a 'drug of dependence' under section 4 of the Drugs Act and whether the charge against Mr Taylor was duplicitous, resulting in an uncertain verdict. Additionally, the court examined the interpretation of the charge and its conformity with statutory definitions and legislative principles.
The Court began by examining the definition of 'drug of dependence' in section 4 of the Drugs Act. It concluded that anabolic and androgenic steroidal agents did not fit within the definition provided in section 4(c)(ii). The Court then turned to section 37 of the Interpretation of Legislation Act 1984, which it applied to clarify the legislative intent. The Court found that the charge was not duplicitous, as it did not suffer from uncertainty. However, it also determined that the charge was not known to law because the substances did not fall under the statutory definition of a 'drug of dependence'. Consequently, the Court allowed the appeal and quashed the conviction.
As a result of the Court's decision, Mr Taylor's conviction for trafficking in anabolic and androgenic steroidal agents was quashed. The Court's ruling established a significant legal precedent regarding the interpretation of the Drugs Act and the classification of substances within its scope.
Orders
Orders of the court
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Background to the litigation
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Evidence Before The Court
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