R v Gaby

DISTRICT COURT OF QUEENSLAND CITATION:  R v Gaby [2018] QDC 245 R (Applicant) v SCOTT NICHOLAS GABY (Respondent/Defendant) FILE NO/S: 2821/17 DIVISION: Criminal PROCEEDING: Fact Finding on Sentence ORIGINATING COURT:  District Court at Brisbane DELIVERED ON: 28 November 2018 DELIVERED AT: Brisbane HEARING DATE:  26-27 November 2018 JUDGE: Koppenol DCJ ORDER: Sentencing to proceed on factual basis of:(a) trafficking period from 13 May 2015 to 22 June 2015, and (b) quantities of cannabis not exceeding 2lbs per week CATCHWORDS: CRIMINAL LAW - SENTENCING – DISPUTED FACTS – FACT FINDING – PROCEDURE - EVIDENCE – STANDARD OF PROOF – where defendant pleaded guilty to carrying on business of unlawfully trafficking in dangerous drug cannabis – where length of trafficking period disputed – where quantity of cannabis disputed – whether standard of proof akin to criminal standard – whether applicant’s factual allegations established Evidence Act 1977, s 132C(3), (4) Briginshaw v Briginshaw (1938) 60 CLR 336, referred to COUNSEL: D Finch for the Applicant A Kimmins for the Respondent/Defendant SOLICITORS: Office of the Director of Public Prosecutions for the Applicant Lawler Magill for the Respondent/Defendant The respondent/defendant pleaded guilty to 1 count of carrying on the business of unlawfully trafficking in the dangerous drug, namely cannabis. The wording of the count alleged that the trafficking period was between 30 May 2013 and 9 July 2015.The sentencing was adjourned to next week pending the factual determination of 2 questions: the actual period of the trafficking and the quantity of cannabis involved.In a sentence...