Court of Criminal Appeal Citation : Guy v The Queen

(2004) 143 A Crim R 428; [2004] WASCA 9

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Complicity
3. › Aiding and abetting
4. › Whether aider may be convicted of offence different from offence charged against principal
5. › Whether principal must be charged with or convicted of same offence
6. › Criminal Code (WA), s 7(c)
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
8. › Customs Act 1901 (Cth), s 233B
1. Criminal Law
2. › Evidence
3. › Circumstantial evidence
4. › Sufficiency of evidence
5. › Whether inferences of knowledge and intent to assist drug importation open to jury
1. Criminal Law
2. › Alternative verdicts
3. › Attempt
4. › Whether alternative verdict of attempt available where Crown case was that principal had completed possession
1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Possession with intent to supply
5. › MDMA (ecstasy)
6. › Role of facilitator compared with courier
7. › General deterrence
8. › Whether sentence manifestly excessive
9. › Disparity with co-offenders sentenced under different legislation
10. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 32A

Quick Take

A person may be charged as an aider under s 7(c) of the Criminal Code (WA) of an offence under the Misuse of Drugs Act 1981 (WA) even where the principal offenders are charged under the Customs Act 1901 (Cth) for the same conduct, provided the commission of the State offence is established. A facilitator who organises logistics for drug importation may properly be sentenced at a higher level than a courier.