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Invisibleveggie

Registered: 07/26/04
Posts: 13,985
Australia's oldest drug traffickers lose appeal
    #3919362 - 03/15/05 03:32 AM (12 years, 13 days ago)

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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Offlinedelta9
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Registered: 10/29/04
Posts: 5,390
Loc: California
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Re: Australia's oldest drug traffickers lose appeal [Re: veggie]
    #3919425 - 03/15/05 03:45 AM (12 years, 13 days ago)

:frown: My :heart: out to them


--------------------
delta9


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OfflineThe_Red_Crayon
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Registered: 08/13/03
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Re: Australia's oldest drug traffickers lose appeal [Re: veggie]
    #3923806 - 03/16/05 01:30 AM (12 years, 12 days ago)

I dont get it. These people put their life on the line when their country needed them most yet if they have some pot they get thrown in prison such bullshit.


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Invisibleveggie

Registered: 07/26/04
Posts: 13,985
Loc: Flag
Re: Australia's oldest drug traffickers lose appeal [Re: veggie]
    #4853953 - 10/26/05 11:28 AM (11 years, 4 months ago)

Elderly set to lose their home
October 26, 2005 - theadvertiser.news.com.au

AUSTRALIA'S oldest convicted drug traffickers will lose their home of 50 years under Western Australia's tough proceeds of crime laws after losing a bid to appeal against their convictions.

Perth pensioner David William Sidney Davies, 82, and his wife Florence Gladys Davies, 78, were found guilty in WA's District Court last year of possessing cannabis with intent to sell or supply.

The pair had said some of the cannabis was used by Mrs Davies to alleviate back pain, but the rest of it was being stored for their son, Tyssul Davies, who did not live with them.

WA's Director of Public Prosecutions (DPP) said today that in accordance with the law, the couple's home would be confiscated after they were refused leave to appeal against their convictions in the High Court.

But DPP confiscation manager Christian Porter said that in recognition of the Davies' age and health, any representation that the elderly pair be allowed to live in their home at Carlisle, in Perth's south-east, would be considered.

During the trial, the court was told 18.7kg of the illegal drug was found above a false ceiling in the couple's home, 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.

Tyssul Davies was arrested on the same day as his parents and later pleaded guilty to possessing all of the cannabis.

Florence and David Davies, who have been married for 58 years, received a two-year suspended sentence after being convicted of possessing the same cannabis with intent to sell or supply.

The conviction resulted in them being declared drug traffickers, meaning the state can confiscate their home.

Lawyers Laurie Levy and David Grace, QC, sought leave from the High Court to appeal on the grounds that the couple could not be deemed to be in possession of the drugs with intent to supply them to their son, because he already possessed them.

An appeal in March in the WA Court of Appeals on the same grounds failed, and the High Court today refused them leave to appeal further.

Justice William Gummow and Justice Dyson Heydon, in refusing the application, said there was insufficient prospect of proving the case.

Mr Levy said he would contact the DPP within 24 hours to request that the Davies be allowed to remain in their home.

"This is again a reason why the Government needs to look at the consequences of this legislation," he said.


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