Where an accused consigns prohibited drugs for delivery to an intended recipient and police intercept the drugs but deliver them to the recipient as part of a controlled operation, the majority holds this constitutes 'supply' by the accused under the Misuse of Drugs Act 1981 (WA), s 6(1)(c), because the accused set in train the events intended to result in delivery and what occurred was precisely what was intended. However, Rolfe AJ's dissent provides a competing analysis that police taking exclusive possession and control severs the supply chain, leaving only an attempt. An attempt to commit an indictable offence under s 33(1)(a) of the Act is not a 'serious drug offence' within s 32A(3) for the purpose of a drug trafficker declaration. On parole, demonstrated cooperation and rehabilitation efforts must be given sufficient weight; a refusal of parole must be supported by the material before the court.
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