Federal Court of Australia
CATCHWORDS
Criminal Law - Appeals against convictions and sentences -
Poisons and narcotic Drugs Ordinance 1978, s.4(3) - Onus of proof ~ meaning of "unless the contrary is proved" ~ possession +
of growing plants for the purpose of supply.
Severity of sentence - circumstances in which appellate court
will interfere.
JANET DILYSE HUGHES AND MARK CURTIS
Ve
THE QUEEN
No. A.C.T. G.11 & 12 of 1983
Coram: Gallop, Sheppard and Morling JJ. Date: 21 July 1983.
Canberra
a ns
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G.11 & 12 of 1983 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
qf
BETWEEN: JANET DILYSE HUGHES Appellant AND: THE QUEEN Respondent BETWEEN: MARK CURTIS Appellant AND: THE QUEEN ' Respondent ORDER
Judges Making Order: Gallop, Sheppard, Morling JJ. Date of Order: 21 July 1983.
Where Made: Canberra.
THE COURT ORDERS that:
1. Both appeals be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G.11 & 12 of 1983 DISTRICY REGISTRY
eee ew
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: JANET DILYSE HUGHES
Appellant AND: : THE QUEEN
Respondent BETWEEN: MARK CURTIS
Appellant AND: THE QUEEN
Respondent
REASONS FOR JUDGMENT
CORAM: GALLOP, SHEPPARD AND MORLING JJ.
These appeals were heard on 17 and 18 May 1983. Rather than delay our 'jjudgment in the matter we dismissed both appeals and intimated that we would deliver our reasons later. We now publish those reasons.
On 8 February 1983 the two appellants were arraigned before the Chief Justice of the Supreme Court of the Australian Capital Territory and a jury on separate charges of being in possession of a controlled substance, to wit, cannabis for the purpose of supplying the substance to another person contrary to s.4(3) of the Poisons and Narcotic Drugs Ordinance 1978 and, in the case of the appellant Curtis, on a further charge of
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