Under s 38B(3) of the Misuse of Drugs Act 1981 (WA), failure to deliver notice under s 38B(1) before the sentencing proceedings estops the accused from challenging the analyst's certificate in any subsequent proceedings, including drug trafficker declaration proceedings under s 32A. The one transaction rule does not apply to separate sales of different drug types on the same day, even where the same parties are involved. Sentences for offences involving approximately 25-28 grams of methylamphetamine or heroin at street-level purity, with a guilty plea, ordinarily range from 2 to 3½ years' imprisonment.
The full text is available to signed-in members, including the 44 later cases that cite this judgment.
18 of the 44 citing cases carry a classified treatment. How each court treated it is available to signed-in members.