R v Bilac

[2018] SASCFC 75

South Australia Full Court

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Interrogate

Catchwords

1. Criminal Law
2. › Particular offences
3. › Drug offences
4. › Manufacture of controlled drugs
5. › Taking part in process of manufacture
6. › Whether early preparatory steps sufficient to constitute step in process of manufacture
7. › Whether purification of precursor chemical and extraction of starting material amount to manufacture
8. › Controlled Substances Act 1984 (SA), ss 33(3), 33LC(1)(b), 33LC(2), 33LC(3)
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Unreasonable verdict
5. › Whether verdict unreasonable or not supported by evidence
6. › Whether guilty verdicts dangerous or unsafe
7. › Independent assessment of sufficiency and quality of evidence
8. › Criminal Law Consolidation Act 1935 (SA), s 353(1)
1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Inconsistent verdicts
5. › Whether guilty verdicts on manufacturing counts inconsistent with acquittal on trafficking count
6. › Whether verdicts an affront to logic and common sense

Quick Take

The purification of nitromethane from racing fuel and the extraction of piperine from pepper can each constitute a 'step in the process of manufacture' of methylamphetamine and MDMA respectively under s 33LC of the Controlled Substances Act 1984 (SA), even where additional chemicals and steps are required to complete the manufacturing process and those chemicals are not in the accused's possession.

Case Details

Citation[2018] SASCFC 75

CourtSASCFC

JurisdictionSouth Australia

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Relies on9

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