R v Jasper [2003] NSWSC 285

R v Jasper [2003] NSWSC 285

The facts did not show the applicant had power or authority to prevent the supply of drugs and mere inactivity or knowledge as a police officer, without such power, could not amount to permitting or suffering the supply under the Drug Misuse and Trafficking Act 1985. Therefore, the evidence was insufficient to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 April 2003
Procedural Posture
Criminal / Application for Permanent Stay and to Quash Counts in Indictment Before Trial
Outcome
Permanent stay and quashing of counts 3 and 4 in the indictment.
Legal Topics
['supply of Prohibited Drug' "definition of 'permit' and 'suffer' in Supply" 'police Officer Duty and Criminal Liability' 'quashing Indictment' 'permanent Stay of Proceedings']
['criminal Law'] ['supply of Prohibited Drug' "definition of 'permit' and 'suffer' in Supply" 'police Officer Duty and Criminal Liability' 'quashing Indictment' 'permanent Stay of Proceedings']

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Procedural Posture

Criminal / Application for Permanent Stay and to Quash Counts in Indictment Before Trial

Legal Issues

  1. 1 ["Whether the evidence was sufficient to constitute 'permitting' or 'suffering' supply under the Drug Misuse and Trafficking Act 1985" "Whether mere inactivity by a police officer amounts to the offence under the extended definition of 'supply'" 'Appropriateness of permanent stay or quashing counts where evidence is insufficient']

Ratio Decidendi

The facts did not show the applicant had power or authority to prevent the supply of drugs and mere inactivity or knowledge as a police officer, without such power, could not amount to permitting or suffering the supply under the Drug Misuse and Trafficking Act 1985. Therefore, the evidence was insufficient to constitute either offence charged in counts 3 and 4.

Court Disposition

Permanent stay and quashing of counts 3 and 4 in the indictment.

Orders

  • ['All proceedings on counts 3 and 4 in the indictment dated 31 October 2002 are permanently stayed.' 'Counts 3 and 4 are quashed.']