Huynh v WA

[2013] WASCA 35

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Conviction on plea of guilty
4. › Whether miscarriage of justice
5. › Whether appellant understood nature of charge
6. › Whether appellant intended to admit guilt
7. › Whether on admitted facts appellant guilty in law
8. › Misuse of Drugs Act 1981 (WA), s 6(1)(a)
1. Criminal Law
2. › Drug offences
3. › Possession with intent to sell or supply
4. › Extended definition of 'supply'
5. › Bailee in possession of prohibited drug for owner
6. › Whether intent to return drugs to owner constitutes intent to supply
7. › Misuse of Drugs Act 1981 (WA), ss 3(1), 6(1)(a)

Quick Take

A person in possession of a prohibited drug as a bailee for the owner, with the purpose of returning the drug to the owner or permitting the owner to retake possession, is guilty of possession with intent to supply under s 6(1)(a) of the Misuse of Drugs Act 1981 (WA) by reason of the extended definition of 'supply' in s 3(1). An appeal against conviction on a guilty plea will not succeed where the appellant's own version of facts discloses guilt of the offence charged as a matter of law.

Case Details

Citation[2013] WASCA 35

CourtWASCA

JurisdictionWestern Australia

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Relies on10

2012Chowdhury v Kenny [No 2]WASCA 35
2011Mikulic v The State of Western AustraliaWASCA 14
2010Ricciardo v The State of Western AustraliaWASCA 116
2006Vella v The State of Western AustraliaWASCA 129
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