McKeagg v The Queen

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.