R v Maroney

[2000] QCA 310

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Ancillary liability
3. › Complicity
4. › Counselling or procuring
5. › Whether person who counselled supply of drug to himself can be convicted as party to offence of supply
6. › Whether complicity provisions excluded for prohibited bilateral transactions
7. › Criminal Code (Qld), s 7(1)(d)
8. › Drugs Misuse Act 1986 (Qld), s 6
1. Criminal Law
2. › Drug offences
3. › Supply of dangerous drugs
4. › Meaning of 'supply to another'
5. › Whether recipient of drug can be deemed supplier through operation of complicity provisions
6. › Drugs Misuse Act 1986 (Qld), ss 4, 6
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Application for extension of time
5. › Where no satisfactory explanation for delay
6. › Where offence involved introduction of drugs into correctional institution
7. › Whether sentence manifestly excessive

Quick Take

A person who counsels or procures the supply of a dangerous drug to himself may be convicted of the offence of supply under s 6 of the Drugs Misuse Act 1986 (Qld) by operation of s 7(1)(d) of the Criminal Code (Qld), at least where the person instigated the commission of the offence. The question whether a mere passive recipient could be so convicted was expressly left open. The dissent of Thomas JA, holding that the legislative scheme excludes secondary liability for the recipient, means the question may be revisited.