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Judgment date
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.