Tirkot v The Director of Public Prosecutions (WA)

[2018] WASCA 42

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Drug offences
3. › Drug trafficker declaration
4. › Requirements for declaration under s 32A(1)(b)(i)
5. › Whether quantity of prohibited drug not less than Schedule VII quantity
6. › Whether concession by defence counsel at sentencing precluded challenge on appeal
7. › Misuse of Drugs Act 1981 (WA), s 32A
1. Criminal Law
2. › Drug offences
3. › Drug trafficker declaration
4. › Proof of quantity of prohibited drug
5. › Whether quantity may be inferred from circumstantial evidence
6. › Misuse of Drugs Act 1981 (WA), s 32A(1)(b)(i), sch VII
1. Appeal
2. › Criminal appeal
3. › Drug trafficker declaration
4. › Additional evidence on appeal
5. › Interests of justice

Quick Take

The Schedule VII quantity threshold for a drug trafficker declaration under s 32A(1)(b)(i) of the Misuse of Drugs Act 1981 (WA) may be established by effective concession of defence counsel at sentencing, and may be readily inferred from circumstantial evidence such as the weight of tablets on other counts. An appellant who seeks to challenge a declaration on appeal bears the burden of demonstrating that the requirements were not satisfied; the absence of formal proof at sentencing does not establish the converse where the point was conceded.