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veggie
Reged: 07/25/04
Posts: 6100
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Australia's oldest drug traffickers lose appeal
03/15/05 01:32 AM
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Oldest drug pair conviction stands
March 15, 2005
news.com.au
THE nation's oldest drug traffickers have failed in an appeal against their convictions for possessing cannabis estimated to have been worth up to $264,000.
World War II veteran David William Sidney Davies, 81, and his wife Florence Gladys Davies, 77, now face the prospect of having their West Australian home seized under the state's tough proceeds of crime laws.
The pair, who have been married for 58 years, last year received suspended sentences after a jury in the District Court found them guilty of two counts of possessing cannabis with intent to sell or supply.
During the trial, the court was told 18.7kg of the illegal drug was found above a false ceiling in the couple's Carlisle home, in Perth's south-east.
A further 300 grams was found in an ice-cream container under their bed, and $7000 cash was found hidden under the driver's side seat of their car.
When questioned about the drugs found in their bedroom, Mr Davies told police it was used to relieve Mrs Davies' back pain.
However, the jury accepted the prosecution's case that the Davies had allowed their son, Tyssul Davies, to store the cannabis in their home and had given him a key to allow him to retrieve it when he wished.
Tyssul Davies was arrested the morning his parents' home was searched and subsequently pleaded guilty to possession of the 19kg of cannabis with intent to supply or sell.
The Davies appealed last month to the WA Court of Appeal on the grounds that the verdict was unreasonable because they could not be deemed to be in possession of the drugs with intent to supply it to their son when Tyssul already possessed it.
In a unanimous decision delivered today, Justice Christopher Steytler, Justices Len Roberts-Smith and Carmel McLure dismissed the appeal.
"In my opinion there is ... no reason why all three family members should not have been found to have been in possession of the drug for the purposes of the Act," Justice Steytler said.
Mrs Davies, who was not in court, would not comment on the appeal outcome.
The Davies' lawyer, Laurie Levy, said he was disappointed by the failure of the appeal but said it highlighted the need for changes to the confiscation laws.
"The law says that once they are declared a drug trafficker the DPP can then move to confiscate their assets," he said.
"My view is in these circumstances where it is said that they gained $7000 by the commission of this crime it is inequitable where they stand to lose a family home that they have owned for 50 years."
He said he had been instructed to appeal to the High Court, and papers would be lodged within the next 28 days.
"I don't really think that anyone wants to see two pensioners turfed out of the home that they have owned for 50 years when it is not suggested that they derived the home from the commission of any crime," he said.
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