Woods v R [2017] NSWCCA 5

Woods v R [2017] NSWCCA 5

Dextromethorphan is not a prohibited drug under the Drug Misuse and Trafficking Act 1985 (NSW). As the indictment was quashed and no further proceedings can be brought for this alleged offence, the applicant was discharged as to the offence concerned and is entitled to a costs certificate.

Parties
Applicant: Matthew Woods; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 February 2017
Procedural Posture
Criminal Appeal / Appeal From Interlocutory Judgment Pre Trial; Appeal Determination
Outcome
Appeal allowed; indictment quashed; costs certificate granted.
Legal Topics
Appeal—quashing of Indictment, Interpretation of Drug Misuse and Trafficking Legislation, Costs in Criminal Cases
Criminal Law Appeal—quashing of Indictment Interpretation of Drug Misuse and Trafficking Legislation Costs in Criminal Cases

Case Brief

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Parties

Matthew Woods

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Interlocutory Judgment Pre Trial; Appeal Determination

Legal Issues

  1. 1 Whether dextromethorphan is a prohibited drug under the Drug Misuse and Trafficking Act 1985 (NSW)
  2. 2 Whether the applicant should be granted a costs certificate under the Costs in Criminal Cases Act 1967 (NSW)

Ratio Decidendi

Dextromethorphan is not a prohibited drug under the Drug Misuse and Trafficking Act 1985 (NSW). As the indictment was quashed and no further proceedings can be brought for this alleged offence, the applicant was discharged as to the offence concerned and is entitled to a costs certificate.

Court Disposition

Appeal allowed; indictment quashed; costs certificate granted.

Orders

  • Appeal allowed.
  • Judgment of Syme DCJ on 22 January 2016 vacated.