Beqiri v The Queen

(2013) 37 VR 219; [2013] VSCA 39

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Drug offences
3. › Commonwealth offences
4. › Manufacture of controlled drug
5. › Meaning of 'manufacture'
6. › Whether extracting pre-existing substance from impregnated material constitutes manufacture
7. › Criminal Code Act 1995 (Cth), ss 305.1, 305.4(1)
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Guilty plea
5. › Whether appeal lies after plea of guilty
6. › Substantial miscarriage of justice
7. › Criminal Procedure Act 2009 (Vic), s 276(1)(c)
1. Criminal Law
2. › Sentencing
3. › Federal offences
4. › Double punishment
5. › Whether conviction for both possession and manufacture of same drug constitutes double punishment
6. › Crimes Act 1914 (Cth), s 4C
1. Criminal Law
2. › Sentencing
3. › Resentencing by appellate court
4. › Reopening of sentencing discretion after quashing of one conviction
5. › Criminal Procedure Act 2009 (Vic), s 277(3)

Quick Take

Extracting a pre-existing controlled drug from material in which it has been concealed (such as clothing impregnated with cocaine) does not constitute 'manufacture' under s 305.1 of the Criminal Code Act 1995 (Cth). The word 'produced' requires that a substance be brought into existence from other materials, not merely physically separated from a medium of concealment. The expression 'the process of extracting ... a substance' in s 305.1(1)(a) is epexegetical of the primary definition and does not extend manufacture to cover recovery of a pre-existing substance.