High Court of Australia

The Queen v Falzon [2018] HCA 29

8 Aug 2018

Case Number: M161/2017


Kiefel CJ, Bell, Keane, Nettle, Gordon JJ


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.

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