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Vyater, Yan v The Queen [2020] VSCA 32

Victorian Court of Appeal
Maxwell P, Tate and Weinberg JJA

Vyater, Yan v The Queen

Judgment Date: 
27 March 2020

CRIMINAL LAW - Appeal - Conviction - Trafficking methylamphetamine, trafficking ephedrine, possession of substances, materials and equipment for the purpose of manufacturing drug of dependence - Circumstantial case - Expert evidence - DNA evidence on glove - Low likelihood ratio - Presentation of DNA evidence - Juror understanding of probabilistic evidence - Whether probative value of evidence outweighed by risk of unfair prejudice - Probative value high - Any risk of prejudice cured by jury directions - No error by trial judge in ruling evidence admissible - R v Doheny and Adams [1997] 1 Cr App R 369, R v Berry (2007) 17 VR 153, [2007] VSCA 202, R v Guingab [2010] VSC 256 considered - Evidence Act 2008 s 137.

CRIMINAL LAW - Appeal - Conviction - Applicant convicted of trafficking ephedrine by preparing it for manufacture of methylamphetamine - Whether charge invalid at law - Extended definition of 'trafficking' - 'Preparation' form of trafficking confined to preparation of drug for trafficking in that drug - Appeal allowed - Conviction set aside - Substituted conviction for possession of substance for purpose of trafficking - Drugs, Poisons and Controlled Substances Act 1981 ss 70, 71AA, 71AC, 71A.

CRIMINAL LAW - Appeal - Conviction - Evidence - Police interview - Applicant gave address prior to caution - Obligation to administer caution before 'questioning' - No error in admitting evidence - Crimes Act 1958 s 464A, Evidence Act 2008 s 139.