R v Aaron Brian Aston [2018] NSWDC 422

R v Aaron Brian Aston [2018] NSWDC 422

The accused's own case was that he took possession of a large quantity of prohibited drugs from X in exchange for promised payment, intending to deliver the drugs into the dance party and return them to X, who would then distribute them. These facts do not amount to a mere 'passive minder' as in Carey but make the accused part of the supply chain. Therefore, granting an adjournment to seek further evidence would be futile, and the application for adjournment is dismissed.

Jurisdiction
Australia
Judgment Date
14 June 2018
Procedural Posture
Criminal / Adjournment Application Determination
Outcome
Application for adjournment dismissed
Legal Topics
['adjournment Application' 'drug Offences' "meaning of 'supply'" 'carey Defence']
['criminal Law'] ['adjournment Application' 'drug Offences' "meaning of 'supply'" 'carey Defence']

Case Brief

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Procedural Posture

Criminal / Adjournment Application Determination

Legal Issues

  1. 1 ["Whether the accused should be granted an adjournment to obtain additional evidence for a 'Carey' defence" "Interpretation of 'supply' under s 3 of the Drug Misuse and Trafficking Act 1985" "Whether the facts as presented could support a 'Carey defence'"]

Ratio Decidendi

The accused's own case was that he took possession of a large quantity of prohibited drugs from X in exchange for promised payment, intending to deliver the drugs into the dance party and return them to X, who would then distribute them. These facts do not amount to a mere 'passive minder' as in Carey but make the accused part of the supply chain. Therefore, granting an adjournment to seek further evidence would be futile, and the application for adjournment is dismissed.

Court Disposition

Application for adjournment dismissed

Orders

  • ["Adjournment application by accused to seek evidence to bolster his 'Carey' defence dismissed"]