R v Jasper

Case

[2003] NSWSC 285

11 April 2003


Details
AGLC Case Decision Date
R v Jasper [2003] NSWSC 285 [2003] NSWSC 285 11 April 2003

CaseChat Overview and Summary

The case involved an appeal by the respondent against his conviction for supplying a prohibited drug. The incident occurred when the respondent was observed by police handing over a container to a police officer. The officer did not take any steps to prevent the transaction. The appeal was heard in the Supreme Court of New South Wales. The respondent argued that the evidence was insufficient to establish the offence, and that the police officer's failure to take steps to prevent the supply meant there was no "permit" as required by the relevant legislation.

The legal issues before the court were whether the evidence was sufficient to prove the offence, and whether the police officer's failure to take steps to prevent the supply meant there was no "permit". The court needed to determine whether the depositions from the committal hearing could be looked at, and whether a demurrer or motion to quash was appropriate. The court also had to decide whether a permanent stay was the appropriate order.

The court held that the evidence was insufficient to prove the offence, as there was no evidence that the police officer had permitted the supply of the drug. The court also held that the depositions from the committal hearing could be looked at, and that a demurrer or motion to quash was appropriate in this case. The court granted a permanent stay of the proceedings against the respondent. The court found that the police officer's failure to take steps to prevent the supply meant that there was no "permit" as required by the legislation, and that the respondent could not be convicted of supplying a prohibited drug.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Supply Prohibited Drug

  • Challenge to Indictment

  • Evidence

  • Motion to Quash

  • Permanent Stay

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Cases Citing This Decision

6

Regina v Jasper [2004] NSWSC 155
R v Jasper [2003] NSWCCA 186
Cases Cited

9

Statutory Material Cited

4

R v Lonie [1999] NSWCCA 319
R v Lonie [1999] NSWCCA 319
R v Von Snarski [2001] QCA 71