Gandy v The Queen

This matter came before the High Court of Australia on an application for special leave to appeal. The applicant, Ms Gandy, had been convicted by a jury of carrying on the business of trafficking in heroin, contrary to section 5 of the Drugs Misuse Act. The dispute centred on whether Ms Gandy's activities constituted "carrying on the business" for "reward" as defined by the Act, given her evidence that any profits were primarily used to fund her heroin addiction.

The central legal issue before the High Court was whether the "reward" contemplated by section 5 of the Drugs Misuse Act could include payment in kind, specifically the receipt of heroin itself, rather than monetary profit. This question arose from Ms Gandy's defence that her trafficking activities were driven by her addiction, with any financial gains being incidental and used to purchase heroin for personal consumption or to cover essential living expenses.

The Court of Criminal Appeal had determined that the applicant's status as a heroin addict and the fact that she received drugs rather than money was irrelevant to the question of whether she carried on the activities for a reward of a commercial character. The reasoning applied was that the nature and purpose of her activities remained commercial, regardless of the form of remuneration or the underlying motivation for engaging in them. This interpretation meant that an addict trading to sustain their habit could be found guilty of the offence.