McKeagg v The Queen

Case [2006] WASCA 26


McKEAGG -v- THE QUEEN [2006] WASCA 26



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASCA 26
COURT OF CRIMINAL APPEAL
Case No:CACR:12/200511 NOVEMBER 2005
Coram:ROBERTS-SMITH JA
PULLIN JA
MURRAY AJA
22/02/06
20Judgment Part:1 of 1
Result: Appeal against conviction allowed
Conviction quashed
Conviction of attempt to manufacture drug substituted
Applicant resentenced
A
PDF Version
Parties:WAYNE ALLEN McKEAGG
THE QUEEN

Catchwords:

Criminal law and procedure
Appeal
Conviction of manufacture of prohibited drug
Accused embarked on process of manufacture
Whether offence of manufacturing drug may be committed before drug obtained by process
No drug produced
Whether on the facts there was an attempt to manufacture
Substitution of conviction of attempt to manufacture prohibited drug
Words and phrases
"Manufacture"

Legislation:

Criminal Appeals Act 2004 (WA), s 30(5)(c)
Criminal Code (WA), s 4, s 10D, s 599A
Misuse of Drugs Act 1981 (WA), s 6(1)(b), s 33(1)

Case References:

Calabria v The Queen (1983) 151 CLR 670
Federal Commissioner of Taxation v Jack Zinader Pty Ltd (1949) 78 CLR 336
Pinkstone v The Queen (2004) 219 CLR 444
R v BD (2001) 122 A Crim R 28
R v Cervelli [1998] 3 VR 776
R v Darwell (1997) 94 A Crim R 35
R v Grasso [1950] VLR 21
R v McCoy (2001) 51 NSWLR 702
R v Thomas (1993) 67 A Crim R 308
Spies v The Queen (2000) 201 CLR 603

Brady v The Queen [2003] WASCA 154
Cabassi v The Queen [2000] WASCA 305
Jarvis v The Queen (1993) 20 WAR 201
Lim v The Queen [1999] WASCA 296
Lowndes v The Queen (1999) 195 CLR 665
Mill v The Queen (1988) 166 CLR 59
Postiglione v The Queen (1997) 189 CLR 295
R v Abela (2002) 134 A Crim R 392
R v Boyd [2001] QCA 421
R v Everett (1994) 73 A Crim R 550
R v Kaddour [2005] NSWCCA 303
R v Pallister (2002) 131 A Crim R 452
R v Paparone (2000) 112 A Crim R 190
R v Rudzitis (2003) 143 A Crim R 303
R v Yates [1985] VR 41
Shipley v The Queen [2003] WASCA 247
Worth v The Queen [2001] WASCA 303

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : McKEAGG -v- THE QUEEN [2006] WASCA 26 CORAM : ROBERTS-SMITH JA
    PULLIN JA
    MURRAY AJA
HEARD : 11 NOVEMBER 2005 DELIVERED : 22 FEBRUARY 2006 FILE NO/S : CACR 12 of 2005
    CACR 30 of 2005
BETWEEN : WAYNE ALLEN McKEAGG
    Applicant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : EATON DCJ

Citation : McKEAGG -v- THE QUEEN

File No : BUN 21 of 2003





Catchwords:

Criminal law and procedure - Appeal - Conviction of manufacture of prohibited drug - Accused embarked on process of manufacture - Whether offence of




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Details
AGLC
McKeagg v The Queen [2006] WASCA 26
Case
[2006] WASCA 26
Decision Date

CaseChat Overview and Summary

The case of McKeagg v The Queen involved the appellant, who was convicted of manufacturing a prohibited drug. The appeal was heard by the High Court of Australia. The appellant argued that the offence of manufacturing a drug could not be completed if the drug was never actually produced, and that his actions did not constitute an attempt to manufacture the drug. The central issue before the court was whether the offence of manufacturing a drug could be committed if the drug was never obtained through the manufacturing process, and if the appellant's actions amounted to an attempt to manufacture the drug.

The court held that the offence of manufacturing a drug could indeed be committed even if no drug was actually produced, provided that the accused had embarked upon the process of manufacturing. The court found that an attempt to manufacture a drug could be established when the accused had taken substantial steps towards the completion of the manufacturing process, even if those steps did not result in the production of the drug. The court held that the appellant's actions constituted an attempt to manufacture the drug, and that the conviction for manufacturing a prohibited drug should be substituted with a conviction for the attempt to manufacture a prohibited drug.

In light of the court's reasoning, the appeal against the conviction was allowed, the conviction for manufacturing a prohibited drug was quashed, and a conviction for the attempt to manufacture a prohibited drug was substituted. The appellant was to be resentenced in accordance with the substituted conviction.

Orders

Orders of the court

Appeal against conviction allowed

Conviction quashed

Conviction of attempt to manufacture drug substituted

Applicant resentenced

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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