A NOOSA drug user had a conviction overturned despite sliding a pharmacist a piece of torn cardboard inscribed with a note containing an implied threat.
Vincent Lawrence Agius walked into a pharmacy at Noosa Fair Shopping Centre on May 21, 2013, and silently demanded opiate-based drugs.
When pharmacist Andrew Feichter said he could not have those drugs without a doctor's script, Mr Agius tried to snatch the note back.
But Mr Feichter said he was going to keep it and Mr Agius left.
Mr Agius was found guilty of assault with intent to steal, including threats of actual violence, at a trial in June this year.
He was sentenced to 18 months in jail with a parole release date in March 2016.
Mr Agius argued in the Queensland Court of Appeal that the verdict was unreasonable and the evidence did not support it because he did not apply any force.
The Crown argued assault was "any bodily act or gesture" that threatened to apply force to a person.
In a judgment handed down on Friday, the Queensland Court of Appeal questioned whether an attempted robbery offence might have been a more appropriate charge before acquitting Mr Agius of the charge.
The three appeal court justices found the act of handing over the note was a means of communicating an implied threat but no force was threatened.
- APN NEWSDESK
2 x 80 MG OXY CONTIN
2 x 40 MG II
OF LIFE AND
DEATH AND NO
ONE GETS HURT
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