Weggers v WA

(2014) 240 A Crim R 205; [2014] WASCA 57

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Attempt
3. › Elements of attempt
4. › Act more than merely preparatory
5. › Whether assembling all materials and equipment and commencing journey to manufacturing location sufficient
6. › Whether manufacturing process must have commenced
7. › Criminal Code (WA), s 4
8. › Misuse of Drugs Act 1981 (WA), ss 6(1)(b), 33(1)
1. Criminal Law
2. › Appeal against conviction
3. › Unreasonable verdict
4. › Whether verdict unreasonable or unsupported by evidence
5. › Independent assessment by appellate court
6. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Statutory Interpretation
2. › Criminal statutes
3. › Definition of attempt
4. › Relationship between Criminal Code (WA) s 4 and Misuse of Drugs Act 1981 (WA)
5. › Whether English Criminal Attempts Act 1981 (UK) authorities applicable
6. › Inappropriateness of judicial paraphrase of statutory criteria

Quick Take

For the offence of attempting to manufacture a prohibited drug under the Misuse of Drugs Act 1981 (WA), the actual process of manufacture need not have commenced. Assembling all necessary materials and equipment, placing them in a vehicle, and commencing a journey to a manufacturing location can constitute acts more than merely preparatory to the commission of the offence under s 4 of the Criminal Code (WA). The Geddes paraphrase — asking whether the defendant has 'actually tried to commit the offence' or has 'only got ready or equipped himself' — is not an appropriate restatement of the WA statutory test. English authorities on s 1 of the Criminal Attempts Act 1981 (UK) should not be given particular weight due to material differences between the provisions. The question remains one of fact and degree in each case.