DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v MIDDLIN-HANNAH
Criminal Trial by Judge Alone
[2020] SADC 31
Reasons for the Verdicts of His Honour Judge Press
26 March 2020
CRIMINAL LAW - PARTICULAR OFFENCES - DRUG OFFENCES - TRAFFICKING
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - MENS REA - STATUTORY OFFENCES - EFFECT OF PARTICULAR WORDS - SELL
Accused charged with two counts of Trafficking in a Controlled Drug –No seizure of the MDMA the subject of the two counts – The prosecution rely on text message exchanges to prove the elements of the counts – Whether the accused offered or agreed to sell MDMA or took part in the process of sale of MDMA – Whether proof of actual possession of MDMA at the time of an offer or agreement to sell is required to satisfy the element
Verdict: Guilty - Counts 1 and 2.
Controlled Substances Act 1984 (SA) s 32(3); Evidence Act 1929 (SA) s 34P(2)(a); s 34P(2)(b); s 34P(3); s 54 ; Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2014 r 5, referred to.
R v Tennant [2010] SASCFC 2; Abrahamson v The Queen (1994) 63 SASR 139; Harriman v The Queen (1989) 167 CLR 590; R v C,CA [2013] SASCFC 137; BNM v The Queen [2020] SASCFC 10; R v Pfennig (1995) 182 CLR 461; R v Peirce (1994) 90 A Crim R 134; Dendic & Mazzeo v R (1987) 34 A Crim R 40; R v Swan [2003] NSWCCA 318; Aoun v R [2011] NSWCCA 284; R v Randylle (2006) 95 SASR 574; R v Falzon (2018) 264 CLR 361; Questions of Law Reserved on Acquittal (No1 of 1996) (1997) 68 SASR; R v Addison (1993) 70 A Crim R 213, considered.
R v MIDDLIN-HANNAH
[2020] SADC 31Introduction
The accused elected to be tried by a judge sitting without a jury.
Mr Middlin-Hannah (hereinafter referred to as the accused) is charged with two counts of trafficking in a controlled drug contrary to s 32(3) of the Controlled Substances Act 1984 (‘CSA’).
Prior to the accused’s arraignment the particulars as to count 1 were amended without objection to broaden the dates between which the offence was said to have been committed. The particulars of the first count are that Bradley John Middlin-Hannah between the 18th day of July 2017 and 21st day of July 2017 at Edwardstown, trafficked in a controlled drug, namely MDMA, knowing or being reckless as to the fact the substance was a controlled drug. The particulars of the second count are that Bradley John Middlin-Hannah between the 31 (sic) day of July 2017 and the 3rd day of August 2017 at Richmond, trafficked in a controlled drug, namely MDMA, knowing or being reckless as to the fact the substance was a controlled drug.
The prosecution called two witnesses: Detective Brevet Sergeant Napper (‘DBS Napper’) and Detective Brevet Sergeant Wall (‘DBS Wall’). DBS…
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- AGLC
- R v Middlin-Hannah [2020] SADC 31
- Case
- [2020] SADC 31
- Decision Date
CaseChat Overview and Summary
The court examined the statutory definition of trafficking and the specific language used in the relevant sections. It was noted that the legislation does not explicitly require possession of the drug at the time of the offer or agreement to sell. Instead, the court had to interpret whether the term "sell" in the context of the statute required more than just an agreement or offer to sell. The court concluded that the plain meaning of "sell" in the statute did not necessitate actual possession at the time of the agreement or offer. Therefore, the text message exchanges, which demonstrated an agreement to sell MDMA, were sufficient to establish the elements of the offence.
Having determined the appropriate interpretation of the statutory language, the court found Middlin-Hannah guilty on both counts. The evidence provided through the text messages was deemed sufficient to prove the necessary intent and participation in the sale process, without requiring physical possession of the MDMA. This interpretation aligns with the legislative intent to criminalise the offer or agreement to sell controlled substances, regardless of whether the accused had possession of the substance at the time.
Orders
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Evidence
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