Cannabis is capable of constituting a 'stupefying drug' within the meaning of s 316 of the Criminal Code (Qld). Where an accused's condition at the time of offending is attributable to voluntary intoxication by drugs, a direction under s 23 of the Criminal Code (involuntariness/sane automatism) is not required. Sentences of 10 years for serious sexual offences against very young children involving multiple aggravating factors including breach of trust and use of a stupefying drug are manifestly inadequate; 13 years with a serious violent offence declaration is appropriate.
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