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Adams v The Queen

[2008] HCA 15
Case number
M121/2007
Before
Gleeson CJ, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords

Criminal law – Sentencing – Federal offences – Appellant convicted of possessing a "commercial quantity" of the narcotic MDMA (ecstasy) – Customs Act 1901 (Cth) fixed the commercial quantities of certain narcotics and imposed maximum penalties that did not distinguish between the narcotics – Whether appellant should have been sentenced on the basis that MDMA was less harmful than heroin.

Practice and procedure – Appellant did not demonstrate factual assertion that MDMA was less harmful than heroin – Whether controversy "moot" or "academic".

Words and phrases – "commercial quantity", "moot", "trafficable quantity".

Customs Act 1901 (Cth) – ss 233B, 235.

Files
15.rtf (34.22 KB)
15.pdf (38.57 KB)