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R v Hilton[2021] QCA 286

CITATION: R v Hilton [2021] QCA 286
JUDGE(S): McMurdo JA, Daubney J, Boddice J
DELIVERED ON: 17 December 2021
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Editorial Notes

  • Published Case Name:

    R v Hilton

  • Shortened Case Name:

    R v Hilton

  • MNC:

    [2021] QCA 286

  • Court:

    QCA

  • Judge(s):

    McMurdo JA, Daubney J, Boddice J

  • Date:

    17 Dec 2021

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2020] QSCPR 2 (2020) 3 QR 26006 Feb 2020Pre-trial application for permanent stay of prosecution of serious organised crime circumstance of aggravation, alleged in respect of count of drug trafficking, on ground that prosecution destined to fail; application upheld and prosecution stayed; evidence incapable of sustaining inference that accused was a participant in a criminal organisation within meaning of Penalties and Sentences Act 1992 (Qld) s 161P(1)(f): Henry J.
Primary Judgment[2020] QSCSR 5012 Feb 202010y sentence (SVO declaration) for drug trafficking, shorter concurrent terms for other offending (inc further trafficking), and cumulative 6m for contravening device access order; sophisticated trafficking in 3 drugs, mainly cocaine, for 22m, escalating to wholesale level, and trafficking in testosterone for partly concurrent period at street level; 28-30yo, no relevant history, timely pleas, rehabilitation, including as to cocaine use; circumstances of cocaine trafficking disputed (Henry J).
Appeal Determined (QCA)[2021] QCA 28617 Dec 2021Leave to appeal sentence granted, sentencing judge erred in failing to record both standard of proof and consideration of competing inferences in respect of circumstances of cocaine trafficking; appeal dismissed, findings that offender trafficked at street level for half of period and at wholesale level in increasing amounts for balance and substantial majority of cocaine obtained on-sold at significant profit, 10y sentence appropriate: Boddice J (McMurdo JA and Daubney J agreeing).

Appeal Status

Appeal Determined (QCA)

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