Woods v R

Woods was charged with drug possession contrary to the Drug Misuse and Trafficking Act 1985 (NSW). The central issue was whether dextromethorphan, the substance found in Woods' possession, constituted a prohibited drug under the Act. The case was heard in the Supreme Court of New South Wales. The Crown conceded that dextromethorphan was not a prohibited drug, leading to the quashing of the indictment against Woods. Additionally, Woods applied for a certificate under section 2(1)(a) of the Costs in Criminal Cases Act 1967 (NSW), seeking reimbursement for legal costs. The court considered whether Woods was "discharged in relation to the offence concerned," ultimately granting the certificate and ordering that Woods' costs be paid.

The legal issues before the court involved interpreting the scope of the term "prohibited drug" within the Drug Misuse and Trafficking Act 1985 (NSW) and determining the eligibility for a certificate under the Costs in Criminal Cases Act 1967 (NSW). The court examined the statutory language, legislative history, and relevant case law to resolve the first issue. Regarding the certificate, the court assessed whether Woods' discharge from the charge aligned with the statutory criteria, concluding that he qualified for reimbursement of his legal costs.