Humphry v The Queen

(2003) 138 A Crim R 417; [2003] WASCA 53

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Drug offences
3. › Possession with intent to supply
4. › Procuring another to possess drug with intent to supply to the procurer
5. › Sufficiency of circumstantial evidence
6. › Whether inference of procurement was the only rational inference
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
8. › Criminal Code (WA), s 7
1. Criminal Law
2. › Complicity
3. › Procuring commission of offence
4. › Application of Criminal Code s 7 to offences under Misuse of Drugs Act 1981 (WA)
5. › Whether s 7 creates offence of procuring another to commit drug offence
6. › Whether person can be convicted of procuring supply of drug to himself
1. Criminal Law
2. › Evidence
3. › Circumstantial evidence
4. › Sufficiency of evidence
5. › Whether alternative hypothesis reasonably open on the evidence
6. › Whether inference of guilt was the only rational inference
1. Criminal Law
2. › Appeal
3. › Appeal against sentence
4. › Whether sentence manifestly excessive
5. › Drug offences
6. › Heroin
7. › Parity principle
8. › Relevance of personal circumstances in heroin supply cases

Quick Take

Section 7 of the Criminal Code (WA) applies to offences under the Misuse of Drugs Act 1981 (WA), including to create the offence of procuring another to possess a prohibited drug with intent to supply it to the procurer. In circumstantial cases of drug procurement, the provision of a bank keycard and PIN to the courier, combined with the accused's expectation of delivery and knowledge of the drug quantity, is sufficient to support an inference of procurement beyond reasonable doubt where the alternative hypothesis of third-party involvement has no foundation in the evidence.