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Defendant charged with three drug-related offences; where defendant pleaded guilty on 27 February 2003 to first two offences including possession of 638 grams of cannabis for "personal use"; where prosecution then argued commercial quantity at trial of third offence; whether issue estoppel; evidence excluded and charge dismissed
Primary Judgment
[2004] QDC 222
21 Jul 2004
Prosecution appealed against Magistrate's ruling to exclude evidence of possession; whether Crown bound by evidence relied on in accepting previous guilty verdicts; prosecution not bound in absence of judicial determination and appeal allowed: Wall QC DCJ
Appeal Determined (QCA)
[2004] QCA 456
26 Nov 2004
Defendant applied for leave to appeal against [2004] QDC 222; where no issue estoppel arises; application dismissed: McPherson and Williams JJA and Philippides J
Appeal Status
Appeal Determined (QCA)
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