Under the Controlled Substances Act 1984 (SA), the relevant quantity for a trafficking charge involving a controlled drug in a mixture is the total weight of the mixed substance, not the calculated weight of the pure drug. The Williams v The Queen doctrine concerning minimum detectable quantities does not apply to the question of purity or concentration within a mixture of substantial weight. Queensland authorities (Bourke v Reid; Donnelly v Rose) suggesting otherwise are not followed in South Australia. For extension of time applications in criminal appeals, where the delay is substantial and the applicant elected not to appeal after receiving a lenient sentence, the applicant must demonstrate substantial grounds for apprehending that a miscarriage of justice has occurred.
The full text is available to signed-in members.