The different circumstances of aggravation in s 6(2) of the Drugs Misuse Act 1986 (Qld) do not create distinct offences; s 6(1) creates a single offence and the age of the minor is a circumstance relevant to penalty, not an element of the offence. Where the arraignment and allocutus are ambiguous as to which circumstance of aggravation applies, the ambiguity is resolved in favour of the prisoner. Form 353 of the Criminal Practice Rules does not require specification of the particular circumstance of aggravation, creating a potential gap where the indictment sidenotes specify a more serious provision than the facts support.
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