The defence of 'extraordinary emergency' under s 25 of the Criminal Code (Qld) retains a temporal element requiring circumstances calling for immediate action; chronic conditions managed by ongoing illegal drug use do not constitute an extraordinary emergency. Decisions of courts of other States on different statutory provisions, even where the provisions share common phrases, are not binding and provide an inadequate basis for departing from an earlier decision of the same court. An intermediate appellate court will depart from its own earlier decision on statutory construction only where it has a strong conviction that the earlier decision is plainly wrong or opposed to the undoubted intention of Parliament — a mere preference for a different construction is insufficient.
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