Jenkinson v R [2024] NSWCCA 34

Jenkinson v R [2024] NSWCCA 34

Section 4 of the Drug Misuse and Trafficking Act 1985 (NSW) is to be construed as including the naturally occurring mushrooms containing the prohibited drug psilocybin within 'other substance containing any proportion of the prohibited drug'. Accordingly, the weight relevant for the offence is the weight of the mushrooms themselves, not the extracted quantity of psilocybin.

Parties
Appellant: Thomas Jenkinson; Respondent: Rex
Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Criminal Appeal / Appeal From Conviction in the District Court
Outcome
The appeal is dismissed.
Legal Topics
Drug Offences, Supply Prohibited Drug, Statutory Construction, Admixtures, Prohibited Substances, Psilocybin, Drug Misuse and Trafficking Act 1985 (nsw)
Criminal Law Drug Offences Supply Prohibited Drug Statutory Construction Admixtures Prohibited Substances Psilocybin Drug Misuse and Trafficking Act 1985 (nsw)

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Parties

Thomas Jenkinson

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction in the District Court

Legal Issues

  1. 1 Whether the weight of prohibited drug psilocybin includes the weight of mushrooms in which it is naturally found for purposes of s 4 of the Drug Misuse and Trafficking Act 1985 (NSW)
  2. 2 Proper construction of s 4 of the Drug Misuse and Trafficking Act 1985 (NSW)

Ratio Decidendi

Section 4 of the Drug Misuse and Trafficking Act 1985 (NSW) is to be construed as including the naturally occurring mushrooms containing the prohibited drug psilocybin within 'other substance containing any proportion of the prohibited drug'. Accordingly, the weight relevant for the offence is the weight of the mushrooms themselves, not the extracted quantity of psilocybin.

Court Disposition

The appeal is dismissed.

Orders

  • The appeal is dismissed.