Williams v The Queen [1978] HCA 49

Williams v The Queen [1978] HCA 49

The conviction for possession of a prohibited plant could not stand because the cannabis sativa found in the applicant's coat pockets was only a minute residue, estimated in micrograms, mixed with dust and debris, not weighed, and not practically extractable or identifiable without microscopic examination. Section 130 of the Health Act 1937 Q. did not contemplate criminal liability for such vestigial remnants as present possession of a prohibited plant, and the applicant's statements did not cure the deficiency or prove more than possible earlier possession.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal; Application for Special Leave to Appeal / High Court Application for Special Leave to Appeal From the Queensland Court of Criminal Appeal and Appeal Against Conviction for Possession of a Prohibited Plant
Outcome
Application for special leave to appeal granted; appeal allowed; conviction and sentence for possession of a prohibited plant quashed.
Legal Topics
['possession of Prohibited Plant' 'minute Quantities of Cannabis Sativa' 'meaning of Possession' 'knowledge as an Element of Possession' 'health Act 1937 Q.']
['criminal Law' 'drug Offences' 'statutory Interpretation' 'evidence'] ['possession of Prohibited Plant' 'minute Quantities of Cannabis Sativa' 'meaning of Possession' 'knowledge as an Element of Possession' 'health Act 1937 Q.']

Case Brief

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Procedural Posture

Criminal Appeal; Application for Special Leave to Appeal / High Court Application for Special Leave to Appeal From the Queensland Court of Criminal Appeal and Appeal Against Conviction for Possession of a Prohibited Plant

Legal Issues

  1. 1 ['Whether possession of a minute quantity of cannabis sativa, detectable only by microscopic or scientific examination and not practically usable, constituted possession of a prohibited plant under s. 130 of the Health Act 1937 Q.' "Whether the applicant's statements that the green leaf material was probably cannabis and would be his if it was cannabis supplied proof of possession of the prohibited plant." 'Whether quantity, usability, visibility, identifiability, common sense, de minimis, or knowledge should determine criminal liability for possession of minute drug residues.']

Ratio Decidendi

The conviction for possession of a prohibited plant could not stand because the cannabis sativa found in the applicant's coat pockets was only a minute residue, estimated in micrograms, mixed with dust and debris, not weighed, and not practically extractable or identifiable without microscopic examination. Section 130 of the Health Act 1937 Q. did not contemplate criminal liability for such vestigial remnants as present possession of a prohibited plant, and the applicant's statements did not cure the deficiency or prove more than possible earlier possession.

Court Disposition

Application for special leave to appeal granted; appeal allowed; conviction and sentence for possession of a prohibited plant quashed.

Orders

  • ['Application for special leave to appeal granted.' 'Appeal allowed.' 'Order of the Court of Criminal Appeal of Queensland set aside in so far as it relates to the offence of possession of a prohibited plant.' 'In lieu thereof, order that the appeal to that Court against conviction for that offence be allowed and...