The Queen v Falzon [2018] HCA 29

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, KEANE, NETTLE AND GORDON JJ

THE QUEEN APPELLANT

AND

ROMANO FALZON RESPONDENT

The Queen v Falzon [2018] HCA 29 Date of Order: 19 April 2018 Date of Publication of Reasons: 8 August 2018 M161/2017

ORDER

1. The appeal be allowed.

2. The order of the Court of Appeal made on 5 April 2017 allowing the respondent's appeal to that Court be set aside and in place of that order the appeal to that Court be dismissed.

On appeal from the Supreme Court of Victoria

Representation

C B Boyce SC with J B B Lewis for the appellant (instructed by Solicitor for Public Prosecutions)

T Kassimatis QC with C T Carr for the respondent (instructed by James Dowsley & Associates)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

The Queen v Falzon

Criminal law – Appeal against conviction – Where cannabis and drug paraphernalia found at four properties including respondent's home – Where $120,800 in cash found at respondent's home – Where respondent charged with cultivation and trafficking of cannabis found at three properties not including his home – Where Crown alleged offences of trafficking constituted of possession of cannabis on particular date for purpose of sale – Where evidence of cash led as evidence respondent engaged in business of cultivating cannabis for sale – Whether evidence of cash wrongly admitted at trial.

Words and phrases – "accoutrements of drug trafficking", "business of trafficking", "cash", "drug trafficking", "indicia of trafficking", "intermediate appellate court", "possession", "profit making enterprise", "propensity", "purpose of sale", "tendency".

Drugs, Poisons and Controlled Substances Act 1981 (Vic), ss 4, 5, 70(1), 71AC, 72A. Evidence Act 2008 (Vic), ss 55, 56, 136, 137. Jury Directions Act 2015 (Vic), ss 12, 15, 16.