R v Lane

[1996] QCA 551

[1996] QCA 551

COURT OF APPEAL

WILLIAMS J
AMBROSE J
BYRNE J

CA No 169 of 1996

THE QUEEN

v.

DAMIEN JOHN LANE

BRISBANE

..DATE 12/07/96

JUDGMENT

WILLIAMS J:  This is an application for leave to appeal against sentences imposed in the Magistrate's Court on drug related charges.  There was one charge of production of cannabis sativa and one of possession.  Pleas of guilty were entered and in the course of submissions to the Magistrate reference was made to the quantity of cannabis that was involved.  An analyst's certificate was handed to the Magistrate and that analyst's certificate, when looked at by this Court, clearly shows that a total of approximately 6 kilograms of cannabis was involved.

The Magistrate's Court had no jurisdiction to deal summarily with an offence involving that quantity of the dangerous drug.  It is not clear from what was said to the Magistrate, what portion of the cannabis was said to relate to the production charge and what portion was said to relate to the possession charge.  In the circumstances, the sentences were imposed without jurisdiction.  In consequence, unfortunate though it be, the only course that this Court can take is to quash the sentences and to remit the matter back to the Magistrate's Court with a direction to enter up all necessary adjournments and proceed according to law.

AMBROSE J:  I agree with what the learned presiding Judge has said and would simply add the observation that in the charge of possession, initially it was alleged that the dangerous drug quantity did exceed the quantity specified in the third schedule but that appears to have been amended or deleted and that appears also clearly on the face of the record before us.

BYRNE J:  I agree with what the presiding Judge has said and with the orders which His Honour proposes.

WILLIAMS J:  The orders will be as I have indicated.

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