Green v The State of Western Australia [No 2]

The appeal was brought by the appellant against the decision of a magistrate in the Magistrates Court of Western Australia, which convicted him of possessing a prohibited drug with intent to sell or supply. The central issue in this case was whether the single charge brought against the appellant for possession of multiple items of a drug constituted a breach of the rule against duplicity. The appellant argued that the charge was defective as it did not specify the quantity of the drug, leading to a potential miscarriage of justice due to the failure to amend the charge. The appellant also contended that the trial judge's directions to the jury were misdirecting and constituted a miscarriage of justice.

The court held that the rule against duplicity does not require specification of the quantity of drugs in a charge. It was sufficient that the charge identified the drug in question and the intent to sell or supply. The court also found that there was no miscarriage of justice in the failure to amend the charge, as the evidence presented clearly indicated the appellant's possession of the drug with intent to sell or supply. Furthermore, the court determined that the trial judge's directions to the jury were not misdirecting, as they correctly outlined the elements of the offence and provided an accurate legal framework for the jury's deliberations. As a result, the appeal was dismissed.