R v Cantwell [2018] NSWDC 353

R v Cantwell [2018] NSWDC 353

The word 'addition' in the definition of analogue does not include the situation where something is added to a molecule only after something else is removed. Therefore, 5F-AKB48 is not an analogue of AKB48 under the Act, so the drug supplied is not a prohibited drug as charged.

Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Criminal / Procedural Ruling on Meaning of 'analogue' and Jury Direction
Outcome
Drug supplied was not a prohibited drug; not guilty verdict would be directed.
Legal Topics
['supply of Prohibited Drug' 'interpretation of Statute' 'definition of Analogue' 'drug Misuse and Trafficking Act']
['criminal Law'] ['supply of Prohibited Drug' 'interpretation of Statute' 'definition of Analogue' 'drug Misuse and Trafficking Act']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Meaning of 'analogue' and Jury Direction

Legal Issues

  1. 1 ['Whether 5F-AKB48 is an analogue of AKB48 under the Drug Misuse and Trafficking Act' "Interpretation of 'addition' in the statutory definition of analogue"]

Ratio Decidendi

The word 'addition' in the definition of analogue does not include the situation where something is added to a molecule only after something else is removed. Therefore, 5F-AKB48 is not an analogue of AKB48 under the Act, so the drug supplied is not a prohibited drug as charged.

Court Disposition

Drug supplied was not a prohibited drug; not guilty verdict would be directed.

Orders

  • []