Regina v Spicer [2003] NSWCCA 108

Regina v Spicer [2003] NSWCCA 108

The Crown had to prove that the appellant was aware he was taking part in the process of manufacture, not merely that he knew he was transporting a prohibited drug. The trial judge's directions were defective because they effectively told the jury that transportation of the prohibited drug and equipment, with knowledge, was sufficient to prove knowingly taking part in manufacture. The evidence established transportation of equipment and liquid methylamphetamine and knowledge of the prohibited drug, but did not prove that the appellant knowingly participated in the manufacturing process or was more than a mere courier. The first conviction was therefore quashed and an acquittal entered. On...

Jurisdiction
Australia
Judgment Date
23 April 2003
Procedural Posture
Criminal Appeal / Appeal Against Conviction on the First Count and Application for Leave to Appeal Against Sentence on the Second Count
Outcome
Appeal against conviction on the first count allowed; conviction quashed; verdict of acquittal entered. Leave to appeal against sentence on the second count granted; sentence quashed; appellant resentenced to imprisonment for three years with a non-parole period of 21 months expiring on 24 April 2003, on which day...
Legal Topics
['knowingly Taking Part in Manufacture of Prohibited Drug' 'deemed Supply of Prohibited Drug' 'methylamphetamine' 'jury Directions' 'commercial Quantity and Large Commercial Quantity' 'exceptional Hardship in Sentencing']
['criminal Law' 'criminal Procedure' 'sentencing'] ['knowingly Taking Part in Manufacture of Prohibited Drug' 'deemed Supply of Prohibited Drug' 'methylamphetamine' 'jury Directions' 'commercial Quantity and Large Commercial Quantity' 'exceptional Hardship in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction on the First Count and Application for Leave to Appeal Against Sentence on the Second Count

Legal Issues

  1. 1 ['Whether transporting equipment, chemicals and liquid methylamphetamine was sufficient to establish knowingly taking part in the manufacture of a prohibited drug.' "Whether the trial judge's directions wrongly equated transportation of a prohibited drug with knowingly taking part in manufacture." 'Whether the evidence was capable of proving that the appellant was more than a mere courier and knowingly took part in the process of manufacture.' 'Whether sentencing on the basis of a large commercial quantity, although not alleged in the indictment, caused a miscarriage of justice.' "Whether the sentence for deemed supply was manifestly excessive in light of the appellant's subjective circumstances and the nature of the prohibited drug found."]

Ratio Decidendi

The Crown had to prove that the appellant was aware he was taking part in the process of manufacture, not merely that he knew he was transporting a prohibited drug. The trial judge's directions were defective because they effectively told the jury that transportation of the prohibited drug and equipment, with knowledge, was sufficient to prove knowingly taking part in manufacture. The evidence established transportation of equipment and liquid methylamphetamine and knowledge of the prohibited drug, but did not prove that the appellant knowingly participated in the manufacturing process or was more than a mere courier. The first conviction was therefore quashed and an acquittal entered. On...

Court Disposition

Appeal against conviction on the first count allowed; conviction quashed; verdict of acquittal entered. Leave to appeal against sentence on the second count granted; sentence quashed; appellant resentenced to imprisonment for three years with a non-parole period of 21 months expiring on 24 April 2003, on which day...

Orders

  • ['Appeal against conviction on the first count allowed; conviction quashed; verdict of acquittal entered.' 'Leave to appeal against sentence on the second count granted; sentence quashed.' 'In lieu thereof the appellant is sentenced to imprisonment for three years commencing on 25 July 2001 with a non-parole period...