R v Jenkinson (No. 2) [2022] NSWDC 287

R v Jenkinson (No. 2) [2022] NSWDC 287

The agreed facts and evidence established all elements of the offence of having possession of the prohibited drug for the purposes of supply. The sole issue, whether the quantity of the drug was to be assessed as pure drug or as part of the vegetative material in which it was found, had been resolved on the voir dire in favour of the Crown's position that the material satisfied the definition of "admixture". The Crown therefore proved beyond reasonable doubt that the accused supplied psilocybin in an amount of 98 grams, not less than the commercial quantity.

Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Criminal Trial for Supply of a Prohibited Drug / Judge Alone Trial; Verdict After Voir Dire
Outcome
Accused found guilty of the sole count on the indictment.
Legal Topics
['supply Prohibited Drug' 'commercial Quantity' 'judge Alone Trial' 'admixture']
['criminal Law' 'criminal Procedure'] ['supply Prohibited Drug' 'commercial Quantity' 'judge Alone Trial' 'admixture']

Case Brief

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Procedural Posture

Criminal Trial for Supply of a Prohibited Drug / Judge Alone Trial; Verdict After Voir Dire

Legal Issues

  1. 1 ['Whether the quantity of the prohibited drug was to be assessed according to the drug in its pure form or as part of the vegetative material in which it was found.' 'Whether the Crown proved guilt beyond reasonable doubt on the sole count on the indictment.']

Ratio Decidendi

The agreed facts and evidence established all elements of the offence of having possession of the prohibited drug for the purposes of supply. The sole issue, whether the quantity of the drug was to be assessed as pure drug or as part of the vegetative material in which it was found, had been resolved on the voir dire in favour of the Crown's position that the material satisfied the definition of "admixture". The Crown therefore proved beyond reasonable doubt that the accused supplied psilocybin in an amount of 98 grams, not less than the commercial quantity.

Court Disposition

Accused found guilty of the sole count on the indictment.

Orders

  • ['Find the accused guilty of the sole count on the indictment.']