Pantorno v The Queen [1989] HCA 18

High Court of Australia Mason C.J. Brennan, Deane, Toohey and Gaudron JJ. Pantorno v The Queen [1989] HCA 18

ORDER Application for extension of time in which to apply for special leave to appeal granted. Special leave to appeal granted. Appeal allowed. Order of the Full Court of the Supreme Court of Victoria dated 8 September 1987 set aside and in lieu thereof grant the application for leave to appeal against sentence and set aside the sentence imposed in the County Court of Victoria. Remit the matter to the County Court of Victoria to enable the applicant to call evidence to establish that his case comes within s. 73(1)(b) of the Drugs, Poisons and Controlled Substances Act 1981 Vict and to be resentenced. Order that the applicant be remanded in custody pending further order of the County Court.

Cur. adv. vult.

The following written judgments were delivered:—

March 7 Mason C.J. and Brennan J.

The applicant for special leave to appeal was convicted before the County Court of Victoria on his plea of guilty to a charge that, on 28 June 1984, "without being authorised by or licen[s]ed under the Drugs, Poisons and Controlled Substances Act 1981 or the regulations to do so had in his possession a drug of dependence namely diacetylmorphine (heroin)". The applicant then admitted a number of previous convictions for offences which were not drug offences. The prosecutor did not recite the facts of the drug offence in open court but, we were informed, the facts were contained in the depositions taken on committal and the judge had a copy of the depositions. The propriety of this procedure does not arise for consideration but it is curious that it was followed in this case. The applicant had been committed for trial or sentence on other charges but he had been discharged on the drug offence to which he ultimately pleaded guilty. Counsel for the applicant informed the judge that the police had found a small amount of heroin in the applicant's car when they were searching it for evidence in connexion with other offences. He said: