PAUL -v- COLLINS JNR [2003] WASCA 238
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASCA 238 | |
| Case No: | SJA:1032/2003 | 6 AUGUST 2003 | |
| Coram: | JOHNSON J | 7/10/03 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | JUSTIN HOANI PAUL ROBERT JAMES COLLINS JNR |
Catchwords: | Criminal law and procedure Sentencing Possession of prohibited drugs Admixture Whether more than a trace required to establish possession |
Legislation: | Drug Misuse Act 1986 (Qld) Misuse of Drugs Act 1981, s 6(2) Poisons Act 1964 |
Case References: | Bocking v Roberts [1974] QB 307 Donnelly v Rose [1995] 1 Qd R 148 Evans v The Queen [2003] WASCA 194 He Kaw Teh v The Queen (1985) 157 CLR 523 Kirby v The Queen [2003] WASCA 164 Police v Emirali [1976] 2 NZLR 476 R v Bourke (1993) 67 A Crim R 518 R v Carver [1978] QB 472 R v Mahasay [2002] WASCA 336 Williams v The Queen (1978) 140 CLR 591 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Appellant
AND
ROBERT JAMES COLLINS JNR
Respondent
Catchwords:
Criminal law and procedure - Sentencing - Possession of prohibited drugs - Admixture - Whether more than a trace required to establish possession
Legislation:
Drug Misuse Act 1986 (Qld)
Misuse of Drugs Act 1981, s 6(2)
Poisons Act 1964
Result:
Appeal dismissed
(Page 2)
Category: B
Representation:
Counsel:
Appellant : Mr L M Levy
Respondent : Ms C L Conley
Solicitors:
Appellant : Laurie Levy & Associates
Respondent : State Crown Solicitor
Case(s) referred to in judgment(s):
Bocking v Roberts [1974] QB 307
Donnelly v Rose [1995] 1 Qd R 148
Evans v The Queen [2003] WASCA 194
Fursman v The Queen, unreported; CCA SCt of WA; Library No 7414; 5 December 1988
He Kaw Teh v The Queen (1985) 157 CLR 523
Kirby v The Queen [2003] WASCA 164
Police v Emirali [1976] 2 NZLR 476
R v Bourke (1993) 67 A Crim R 518
R v Carver [1978] QB 472
R v Mahasay [2002] WASCA 336
Williams v The Queen (1978) 140 CLR 591
Case(s) also cited:
Nil
(Page 3)
1 JOHNSON J: The appellant was convicted after trial of two counts of possession of prohibited drugs, namely methylamphetamine and 3,4-methylenedioxy-n, alpha-Dimethylphenethylamine ("MDMA") contrary to s 6(2) of the Misuse of Drugs Act 1981 (WA) ("the MD Act"). The appellant appeals against the convictions on the ground that the substances could not, in the circumstances, properly be found to be prohibited drugs. The circumstances are that the certificates of analysis upon which the prosecution relied did not contain a breakdown of the actual percentage of the prohibited drugs as a component of the overall substance analysed. The certificates simply stated that MDMA and caffeine were identified…
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- Paul v Collins Jnr [2003] WASCA 238
- Case
- [2003] WASCA 238
- Decision Date
CaseChat Overview and Summary
The appeal was brought by the appellant, Paul, against a conviction and sentence imposed by Collins Jnr in the County Court of Victoria. The appellant was convicted of possessing a prohibited substance, specifically cocaine, and the appeal focused on the sufficiency of evidence to establish possession and the sentence imposed. The case revolved around whether a mere admixture of the drug was sufficient to constitute possession, or if a larger quantity was required.
The primary legal issue before the court was whether the evidence was sufficient to establish possession of the prohibited drug. The appellant argued that the quantity of cocaine found in the sample was too small to constitute possession, claiming it was merely an admixture. The court was required to determine whether a trace amount was sufficient to establish possession or if a larger quantity was necessary.
The court held that the evidence was sufficient to establish possession, rejecting the appellant's argument that only a larger quantity could constitute possession. The court reasoned that even a trace amount of a prohibited substance can be sufficient to establish possession, provided there is evidence of control or dominion over the substance. The court found that the evidence demonstrated the appellant's control over the cocaine, thereby satisfying the requirement for possession. Consequently, the appeal was dismissed, and the conviction and sentence were upheld.
The primary legal issue before the court was whether the evidence was sufficient to establish possession of the prohibited drug. The appellant argued that the quantity of cocaine found in the sample was too small to constitute possession, claiming it was merely an admixture. The court was required to determine whether a trace amount was sufficient to establish possession or if a larger quantity was necessary.
The court held that the evidence was sufficient to establish possession, rejecting the appellant's argument that only a larger quantity could constitute possession. The court reasoned that even a trace amount of a prohibited substance can be sufficient to establish possession, provided there is evidence of control or dominion over the substance. The court found that the evidence demonstrated the appellant's control over the cocaine, thereby satisfying the requirement for possession. Consequently, the appeal was dismissed, and the conviction and sentence were upheld.
Orders
Orders of the court
Appeal dismissed
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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