Giretti v R (1986) 24 A Crim R 112 authorises the Crown's practice of alleging trafficking in illicit drugs 'between dates'. A count of trafficking which alleges one offence on a Giretti basis is not bad for duplicity even though multiple acts (each possibly making out its own offence) are sought to be proved.A very …
Tag: drugs
Minimum periods of disqualification for drug-driving offences
Edit: The amending legislation has now received assent and been proclaimed in Victoria Government Gazette G42, dated 21 October 2010. Most of the Act came in on 1 November 2010. Sections 14 and 21 (which are discussed below) come into effect on 12 December 2010. Most people would probably be surprised to learn that there's …
Continue reading Minimum periods of disqualification for drug-driving offences
Possession related to trafficking
Edit: It's generally considered mitigatory when possession of drugs is not for the purposes of trafficking (though, strictly speaking, this ought properly to be considered the absence of aggravation). There's no firm rule as to how much of a drug of dependence is too much to be considered intended for personal use. In Hanks v …
High Court to consider Charter in Momcilovic appeal
In case you missed it earlier this year, Momcilovic's case on the reverse-onus provisions in Victoria's Drugs, Poisons and Controlled Substances Act and the Charter of Human Rights and Responsiblities Act didn't provide all the answers we had hoped it might.That might change yet!The Lamp Post blog recorded that the High Court granted Momcilovic and …
Continue reading High Court to consider Charter in Momcilovic appeal
Human rights, possessing drugs, and deeming provisions: Momcilovic decided
edit: Jeremy Gans has come out of blogging-retirement a second time to blog on this case. His piece is a cracker of a read, and aside from being a far more detailed analysis, also drives home the point that when all is said and done the Charter really is just another piece of legislation, which …
Continue reading Human rights, possessing drugs, and deeming provisions: Momcilovic decided