Calabria v The Queen [1983] HCA 33

Calabria v The Queen [1983] HCA 33

The evidence established at most that the applicant was involved in drying Indian hemp to make it fit for possible future sale, which amounted to preparation under s. 5(2)(a) but did not prove trading under s. 5(2)(c), because there was no evidence of any actual buying or selling, agreement, offer, exposure for sale, particular buyer, transaction or mode of sale then in contemplation. Since the information charged trading and did not permit a verdict for preparation, s. 354(2) did not allow substitution of a conviction for the different offence, so the conviction and sentence had to be quashed.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal Concerning Conviction for Trading in Indian Hemp / Application for Special Leave to Appeal and Appeal to the High Court of Australia From the Court of Criminal Appeal of South Australia
Outcome
Application for special leave to appeal granted; appeal allowed; conviction and sentence quashed.
Legal Topics
['narcotic and Psychotropic Drugs' 'trading in Indian Hemp' 'preparation of Drugs' 'substituted Verdicts' 'special Leave to Appeal']
['criminal Law' 'statutory Interpretation' 'criminal Procedure' 'evidence'] ['narcotic and Psychotropic Drugs' 'trading in Indian Hemp' 'preparation of Drugs' 'substituted Verdicts' 'special Leave to Appeal']

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Procedural Posture

Criminal Appeal Concerning Conviction for Trading in Indian Hemp / Application for Special Leave to Appeal and Appeal to the High Court of Australia From the Court of Criminal Appeal of South Australia

Legal Issues

  1. 1 ['Whether evidence that the applicant was involved in drying Indian hemp was sufficient to prove that he traded in Indian hemp within s. 5(2)(c) of the Narcotic and Psychotropic Drugs Act 1934 S.A.' 'Whether drying Indian hemp to make it fit for use or sale constituted preparing a drug within s. 5(2)(a) of the Narcotic and Psychotropic Drugs Act 1934 S.A.' 'Whether a verdict of guilty of preparing Indian hemp under s. 5(2)(a) could be substituted for the conviction for trading under s. 5(2)(c).']

Ratio Decidendi

The evidence established at most that the applicant was involved in drying Indian hemp to make it fit for possible future sale, which amounted to preparation under s. 5(2)(a) but did not prove trading under s. 5(2)(c), because there was no evidence of any actual buying or selling, agreement, offer, exposure for sale, particular buyer, transaction or mode of sale then in contemplation. Since the information charged trading and did not permit a verdict for preparation, s. 354(2) did not allow substitution of a conviction for the different offence, so the conviction and sentence had to be quashed.

Court Disposition

Application for special leave to appeal granted; appeal allowed; conviction and sentence quashed.

Orders

  • ['Application for special leave to appeal granted.' 'Appeal allowed.' 'Order that the judgment of the Court of Criminal Appeal be set aside and in lieu thereof order that the appeal to that Court be allowed and the conviction and sentence be quashed.']