R v Roberts, R v Schumacher [2004] NSWSC 325

R v Roberts, R v Schumacher [2004] NSWSC 325

The evidence, including Mr Roberts's evidence and the telephone conversations, provided a viable factual basis on which the jury could reject the Crown case of supply of a large commercial quantity yet find repeated acts of supply simpliciter. The common law alternative was not displaced by the Drug Misuse and Trafficking Act, and leaving it would not be unfair or trivialise the trial. The common law alternative count of supply simpliciter therefore should be left to the jury, while the statutory alternative of supplying not less than the commercial quantity should not be left because the Crown conceded there was no viable factual basis for it.

Jurisdiction
Australia
Judgment Date
19 April 2004
Procedural Posture
Criminal Prosecution for Supply of Methylamphetamine in Not Less Than the Large Commercial Quantity / Ruling During Jury Trial on Whether an Alternative Count Should Be Left to the Jury
Outcome
The common law alternative count of supply simpliciter should be left to the jury.
Legal Topics
['alternative Counts' 'supply of Prohibited Drug' 'jury Directions' 'large Commercial Quantity']
['criminal Law and Procedure' 'drug Offences'] ['alternative Counts' 'supply of Prohibited Drug' 'jury Directions' 'large Commercial Quantity']

Case Brief

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Procedural Posture

Criminal Prosecution for Supply of Methylamphetamine in Not Less Than the Large Commercial Quantity / Ruling During Jury Trial on Whether an Alternative Count Should Be Left to the Jury

Legal Issues

  1. 1 ['Whether a viable alternative count arose from the indictment and the evidence.' 'Whether the common law alternative count of supply simpliciter remained available despite statutory alternatives in the Drug Misuse and Trafficking Act.' 'Whether the statutory alternative of supplying not less than the commercial quantity should be left to the jury.']

Ratio Decidendi

The evidence, including Mr Roberts's evidence and the telephone conversations, provided a viable factual basis on which the jury could reject the Crown case of supply of a large commercial quantity yet find repeated acts of supply simpliciter. The common law alternative was not displaced by the Drug Misuse and Trafficking Act, and leaving it would not be unfair or trivialise the trial. The common law alternative count of supply simpliciter therefore should be left to the jury, while the statutory alternative of supplying not less than the commercial quantity should not be left because the Crown conceded there was no viable factual basis for it.

Court Disposition

The common law alternative count of supply simpliciter should be left to the jury.

Orders

  • ['The common law alternative count of supply simpliciter should be left to the jury.' 'The only charges to be left to the jury will be supply of a large commercial quantity or supply simpliciter.']