Visser v The Queen

In the case of Visser v The Queen, the applicants, A1 and A2, sought leave to appeal against their convictions and sentences for conspiracy to possess over 15 million tablets containing 1.4 tonnes of pure MDMA. The matter was heard in the High Court of Australia. A1 and A2 were part of a conspiracy that intended to import a large quantity of MDMA, but the drugs were seized by police before the conspirators could take possession of them. Several individuals involved in the conspiracy had been previously convicted and sentenced.

The applicants raised multiple grounds for their applications for leave to appeal. A1 argued that the verdict was unsafe and unsatisfactory, that the trial judge erred in excluding certain defence evidence as hearsay, and that the judge erred in admitting evidence of A1’s association with other conspirators post-conspiracy period. A1 also contended that there was unfair prejudice as a result of the failure to order a separate trial and that there was a substantial miscarriage of justice due to the conduct of the prosecutor and the trial judge. A further contention was that there was unfair prejudice from the non-disclosure by the Crown of a particular listening device transcript. A2’s application focused on the trial judge’s failure to direct the jury that the Crown must establish that the applicants knew the shipment contained a border controlled drug rather than some drug or drug-related substance. Both applicants also challenged the severity of their sentences.

The High Court found no substance in any of the proposed grounds for appeal. The Court held that the trial judge’s decisions were correct, and there was no error in the trial or sentencing processes. Consequently, the Court refused leave to appeal for both A1 and A2.