An indictment under s 24A of the Drug Misuse and Trafficking Act 1985 (NSW) alleging possession of a precursor intended for manufacture 'by them or another person' is not bad for duplicity, because the identity of the intended manufacturer is merely incidental to the offence, the essential element being possession accompanied by the relevant intention. Joint possession of a precursor may be inferred from evidence of joint criminal enterprise, including joint travel, purchases by one co-accused, and shared records of purchases and anticipated profits.
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