The phrase 'at or before the time of dealing' in s 400.10(1)(a) of the Criminal Code (Cth) is a composite expression meaning at any time up to and including the time of the specific act of dealing upon which the prosecution relies. Where receipt is the act relied upon, the partial defence is assessed at the time of receipt, not during any subsequent possession. The prosecution must elect between the components of 'deals with' in s 400.2 to enable the temporal framework of both s 400.9(1)(c) and s 400.10(1)(a) to operate. Post-dealing evidence is admissible on the objective element of reasonable suspicion in s 400.9(1)(b). Prior uncharged conduct cannot be used as an aggravating circumstance in sentencing.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.