R v Bucic [2016] NSWCCA 297

R v Bucic [2016] NSWCCA 297

The appeal was allowed because, when ss 3, 6 and 24 of the Drug Misuse and Trafficking Act 1985 (NSW) are read together, a person who knowingly takes any step in the process of extracting a prohibited drug may be guilty of knowingly taking part in manufacture. The process of separating cocaine from paper impregnated with cocaine was capable of being found to be a process of extracting cocaine. The trial judge erred by treating the ordinary meaning of "manufacture" as limiting the statutory definition and by applying Beqiri, which concerned materially different Commonwealth legislation.

Jurisdiction
Australia
Judgment Date
14 December 2016
Procedural Posture
Crown Appeal Against Verdict of Acquittal Directed by Trial Judge / Appeal to the Court of Criminal Appeal From the District Court of NSW
Outcome
Crown appeal allowed; acquittal quashed; new trial ordered.
Legal Topics
['drug Offence' 'knowingly Taking Part in Manufacture of Prohibited Drug' 'extraction or Refining of Prohibited Drug' 'directed Acquittal' 'use of Interstate Decisions' 'definitions Using "means" and "includes"']
['criminal Law' 'statutory Interpretation'] ['drug Offence' 'knowingly Taking Part in Manufacture of Prohibited Drug' 'extraction or Refining of Prohibited Drug' 'directed Acquittal' 'use of Interstate Decisions' 'definitions Using "means" and "includes"']

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Procedural Posture

Crown Appeal Against Verdict of Acquittal Directed by Trial Judge / Appeal to the Court of Criminal Appeal From the District Court of NSW

Legal Issues

  1. 1 ['Whether the appeal involved a question of law alone under s 107(2) Crimes (Appeal and Review) Act 2001 (NSW).' 'Whether separating cocaine from A4 paper impregnated with cocaine was a process of extracting a prohibited drug within the definition of "manufacture" in s 3 Drug Misuse and Trafficking Act 1985 (NSW).' 'Whether the respondent knowingly taking steps in that extraction process was capable of constituting knowingly taking part in manufacture under ss 6 and 24 Drug Misuse and Trafficking Act 1985 (NSW).' 'Whether Beqiri v R should govern the interpretation of "manufacture" under the Drug Misuse and Trafficking Act 1985 (NSW).']

Ratio Decidendi

The appeal was allowed because, when ss 3, 6 and 24 of the Drug Misuse and Trafficking Act 1985 (NSW) are read together, a person who knowingly takes any step in the process of extracting a prohibited drug may be guilty of knowingly taking part in manufacture. The process of separating cocaine from paper impregnated with cocaine was capable of being found to be a process of extracting cocaine. The trial judge erred by treating the ordinary meaning of "manufacture" as limiting the statutory definition and by applying Beqiri, which concerned materially different Commonwealth legislation.

Court Disposition

Crown appeal allowed; acquittal quashed; new trial ordered.

Orders

  • ['Crown appeal allowed.' 'Quash the acquittal of the respondent by direction of 24 May 2016.' 'Order a new trial.']