R v Bowman & Anor [2002] NSWCCA 449

R v Bowman & Anor [2002] NSWCCA 449

Leave was refused because the proposed appeal had no arguable merit: s29 of the Drug Misuse and Trafficking Act 1985 permits a prosecution for deemed supply based on possession without requiring the prosecuting authority to believe that the accused actually intended supply, and there was no factual basis for concluding that the s25(1) charge was maintained for an improper purpose.

Jurisdiction
Australia
Judgment Date
15 November 2002
Procedural Posture
Application for Leave to Appeal Pursuant to S5 F of the Criminal Appeal Act 1912 Against an Interlocutory Order Refusing a Permanent Stay of Criminal Proceedings / Leave to Appeal Refused; Reasons for Refusal Delivered
Outcome
Application for leave to appeal refused.
Legal Topics
['permanent Stay of Proceedings' 'abuse of Process' 'unfair Trial' 'deemed Supply of Prohibited Drug' 'improper Purpose in Prosecution' 'interlocutory Appeal']
['criminal Law' 'criminal Procedure' 'drug Offences'] ['permanent Stay of Proceedings' 'abuse of Process' 'unfair Trial' 'deemed Supply of Prohibited Drug' 'improper Purpose in Prosecution' 'interlocutory Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal Pursuant to S5 F of the Criminal Appeal Act 1912 Against an Interlocutory Order Refusing a Permanent Stay of Criminal Proceedings / Leave to Appeal Refused; Reasons for Refusal Delivered

Legal Issues

  1. 1 ['Whether a prosecution for supply under s25(1) of the Drug Misuse and Trafficking Act 1985, relying on the deeming provision in s29, is an abuse of process if the prosecuting authority does not believe the accused actually possessed the drug for supply.' 'Whether the s25(1) prosecution was brought or maintained for the improper purpose of procuring admissions to support the possession charge under s10(1).']

Ratio Decidendi

Leave was refused because the proposed appeal had no arguable merit: s29 of the Drug Misuse and Trafficking Act 1985 permits a prosecution for deemed supply based on possession without requiring the prosecuting authority to believe that the accused actually intended supply, and there was no factual basis for concluding that the s25(1) charge was maintained for an improper purpose.

Court Disposition

Application for leave to appeal refused.

Orders

  • ['Application for leave to appeal pursuant to s5F of the Criminal Appeal Act 1912 refused.']