A 'malfunction' of audiovisual recording equipment under s 118(1)(d) of the Criminal Investigation Act 2006 (WA) requires evidence that the failure to record was attributable to a fault in or in connection with equipment suitable for the intended purpose; the mere fact that a recording is of poor quality, without evidence as to the cause, does not establish malfunction. The offence of offering to sell a prohibited drug under s 6(1)(c) of the Misuse of Drugs Act 1981 (WA) is complete where the offeror intends the offer to be taken seriously by the offeree, regardless of whether the offeror has the capacity or intention to supply actual prohibited drugs.
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