The intention to be successful

Drug offences throw up all kinds of problems for the police and the courts. Traffickers are often highly organised and highly motivated. Trafficking is also an activity that, unlike many other crimes, is designed to take place on multiple occasions over a period of time. It can be, essentially, like a business. It is for that reason that courts have recognised that carrying on a business of trafficking is, itself, a form of trafficking. This is known as Girretti trafficking and its existence is relevantly uncontentious.

However, Victorian courts have recently been struggling with various issues around Giretti trafficking. In particular, how does Giretti trafficking operate in the context of aggravated offences such as trafficking a commercial quantity of a drug of dependence, or trafficking a large commercial quantity of a drug of dependence?

Previews of Momcilovic

Today will see the commencement of the High Court hearing in Momcilovic v The Queen. The case, as most readers of this blog (all two or three of us...) are aware, concerns the interaction between the Charter of Human Rights and Responsibilities and the reverse onus provisions in the Drugs, Poisons and Controlled Substances Act. One tip I've heard suggests that all States and Territories will make submissions in response to the s78B constitutional notices and the case will run all week, an incredibly long time for a High Court hearing.

Unfortunately, I won't be able to attend the hearing, so like the rest of us, will have to make do with anything the Castan Centre and others provide on Twitter and media reports on the hearing. However, the media discussion of the case have already started in the Herald Sun.