Zuccala v WA

[2008] WASCA 129

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Drug offences
3. › Drug trafficker declaration
4. › Construction of s 32A(1)(b)(i) Misuse of Drugs Act 1981 (WA)
5. › Whether 'quantity' of prohibited drug means total quantity in possession or quantity intended to be sold or supplied
6. › Misuse of Drugs Act 1981 (WA), ss 6(1)(a), 7(1)(a), 32A(1)(b)(i), Sch VII
1. Statutory Interpretation
2. › Construction of penal statute
3. › Meaning of 'in respect of' a prohibited drug in a quantity
4. › Context of Act as a whole
5. › Extrinsic materials confirming ordinary meaning
6. › Interpretation Act 1984 (WA), s 19(1)

Quick Take

For the purposes of a drug trafficker declaration under s 32A(1)(b)(i) of the Misuse of Drugs Act 1981 (WA), the relevant 'quantity' of the prohibited drug is the total quantity in the accused's possession, not the quantity the accused intended to sell or supply. An accused who possesses a quantity exceeding the Schedule VII threshold cannot avoid a drug trafficker declaration by asserting that part of the quantity was for personal use.