R v Jenkinson (No. 1) [2022] NSWDC 286

R v Jenkinson (No. 1) [2022] NSWDC 286

The inclusive definitions in the Drug Misuse and Trafficking Act 1985, particularly s 4, were not to be read down to exclude bulk vegetable matter in the form of mushrooms containing psilocybin or psilocin merely because the substances occurred naturally and were not combined by human intervention. The relevant quantity for the prosecution was therefore the 98 grams of bulk vegetable matter containing the specified prohibited drug.

Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Criminal Prosecution for Supply of a Prohibited Drug / Voir Dire/preliminary Question of Law Before Commencement of Judge Alone Trial
Outcome
The Court found that the quantity of drug for the purposes of the prosecution should be presented as 98 grams of the bulk vegetable matter of which the specified prohibited drug was a part.
Legal Topics
['supply Prohibited Drug' 'commercial Quantity' 'admixture' 'psilocybin' 'psilocin' 'judge Alone Trial' 'voir Dire']
['criminal Law' 'criminal Procedure' 'evidence'] ['supply Prohibited Drug' 'commercial Quantity' 'admixture' 'psilocybin' 'psilocin' 'judge Alone Trial' 'voir Dire']

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Procedural Posture

Criminal Prosecution for Supply of a Prohibited Drug / Voir Dire/preliminary Question of Law Before Commencement of Judge Alone Trial

Legal Issues

  1. 1 ['Whether the quantity of prohibited drug for the prosecution should be measured by the 98 grams of bulk mushroom vegetable matter containing psilocybin or psilocin, or only by the quantity of the active prohibited drug within that matter.' 'Whether the definition of "admixture" in s 4 of the Drug Misuse and Trafficking Act 1985 extends to vegetable matter in which psilocybin or psilocin occurs naturally.']

Ratio Decidendi

The inclusive definitions in the Drug Misuse and Trafficking Act 1985, particularly s 4, were not to be read down to exclude bulk vegetable matter in the form of mushrooms containing psilocybin or psilocin merely because the substances occurred naturally and were not combined by human intervention. The relevant quantity for the prosecution was therefore the 98 grams of bulk vegetable matter containing the specified prohibited drug.

Court Disposition

The Court found that the quantity of drug for the purposes of the prosecution should be presented as 98 grams of the bulk vegetable matter of which the specified prohibited drug was a part.

Orders

  • ['Find that the quantity of drug for the purposes of this prosecution should be presented as 98 grams of the bulk vegetable matter of which the specified prohibited drug was a part.']