R v Aaron Brian Aston

Case [2018] NSWDC 422


District Court


New South Wales

Medium Neutral Citation: R v Aaron Brian Aston [2018] NSWDC 422
Hearing dates: 13 June 2018
Date of orders: 14 June 2018
Decision date: 14 June 2018
Jurisdiction:Criminal
Before: Neilson DCJ
Decision:

Application for adjournment dismissed

Catchwords:

CRIME – PRACTICE AND PROCEDURE – Adjournment application by accused to seek evidence to bolster his “Carey” defence – Accused’s case was that he accepted about 110 “pills” of MDA from X outside a dance party in order to take them inside the dance party to return them to X in consideration of payment of $600

 

Consideration and the meaning of “supply” in Drug Misuse and Trafficking Act 1985, section 3

  So called “Carey” defence not available on accused’s own case – Adjournment application futile – Adjournment refused
Legislation Cited: Drug Misuse and Trafficking Act 1985
Cases Cited: Alliston v R [2011] NSWCCA 281
R v Carey (1990) 20 NSWLR 292
R v Maginnis [1987] 1 AC 303
Category:Procedural and other rulings
Parties: Aaron Brian Aston (Accused)
Regina (Crown)
Representation:

Counsel:
Mr W Tuckey (Accused)
Ms A Philpot (Crown)

  Solicitors:
Toomey Defence Lawyers (Accused)
ODPP (Crown)
File Number(s): 2016/370646
Publication restriction: Nil

Judgment

  1. HIS HONOUR: Yesterday afternoon the accused was arraigned on an indictment containing one charge. The charge is that on 10 December 2016 at Sydney Olympic Park in this State, he did supply a prohibited drug namely 3 ,4 methylenedioxyamphetamine. To that offence the accused pleaded “not guilty”.

  2. Currently before me is an application by the accused for an adjournment, to seek evidence to buttress what was referred to by learned counsel for the accused as a “Carey defence.” The formal indictment refers to both s 25(1) of the Drug Misuse and Trafficking Act 1985 and s 29 of the same Act. Section 29 of the Act commences thus;

“A person has in his or her possession an amount of a prohibited drug which is not less than the trafficable quantity of the prohibited drug shall, for the purposes of this Division, be deemed to have the prohibited drug in his or her possession for supply, unless:

(a) the person proves that he or she had the prohibited drug in his or her possession otherwise than for supply, or ...”

The Crown case summary, exhibit VD2, contains this:

“1. On Saturday 10 December 2016, police were engaged in ‘Operation Milpulling’ at Sydney Olympic Park for ‘Knockout Curcuz Dance Party.’ The Operation included the authorised use of drug detection dogs.

2. At about 6.50pm, Aaron Aston (‘the accused’) was approached by an officer handling a drug detection dog near the entry gates to the party. The drug detection dog stopped at the accused and indicated that he had prohibited drugs on his person.

3. The accused was cautioned by the dog handler.

The officer said: ‘Do you have any illegal drugs on you?’

The accused said: ‘Yes. I have some pills down my pants.’

The officer said: ‘About how many?’

The accused said: ‘About 110.…

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Details
AGLC
R v Aaron Brian Aston [2018] NSWDC 422
Case
[2018] NSWDC 422
Decision Date

CaseChat Overview and Summary

The defendant, Aaron Brian Aston, appealed against the refusal of an adjournment by the court to seek evidence that would support his defence under the “Carey” principle. Aston contended that he had accepted approximately 110 pills of MDA from a person named X outside a dance party with the intention of returning them to X inside the dance party in return for $600. The court was required to determine whether the “Carey” defence was available to Aston and whether the adjournment was necessary to obtain evidence to support this defence.

The court addressed whether the defence could apply to the defendant's case, considering the interpretation of the term "supply" under section 3 of the Drug Misuse and Trafficking Act 1985. The court examined the principles established in the case of Carey v R, where it was held that a person who takes drugs into a location with the intention of returning them could not be considered to have "supplied" the drugs within the meaning of the Act. The court found that the “Carey” defence was not applicable to Aston’s case as he accepted the drugs outside the dance party and then took them inside to return them to X. Consequently, the court determined that the defence did not apply to the defendant’s actions.

Given the court's finding that the “Carey” defence was not applicable, the adjournment application was deemed futile. The court concluded that the adjournment would not assist in proving a defence that was not available to the defendant. Therefore, the application for an adjournment was dismissed, and the trial proceeded as scheduled.

Orders

Orders of the court

Application for adjournment 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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