Maroney v The Queen

[2003] HCA 63
Judgment date
Case number
B101/2002
Before
Gleeson CJ, McHugh, Kirby, Callinan, Heydon JJ
Catchwords

Criminal Law – Supply of dangerous drug – Counselling – Procuring – Where appellant was inmate at correctional facility and arranged for person outside facility to supply him with heroin – Whether criminally liable for the offence of supplying a dangerous drug within Drugs Misuse Act 1986 (Q), s 4 and Criminal Code (Q), s 7.

Statutes – Construction of statutes – Intersecting statutes of general and particular application – Criminal law – Whether provision enacting substantive offence is incompatible with deeming provision in statute of general application – Provisions for primary and secondary liability for criminal offences – Application of deeming provisions – Approach to statutory intersection – Whether history and suggested policy of the substantive legislation relevant to resolution of the intersection – Whether context determinative of contested statutory construction.

Words and Phrases: "deemed supply" – "supplies a dangerous drug to another".

Criminal Code (Q) – s 7.

Drugs Misuse Act 1986 (Q) – ss 4 and 6.

Files
63.rtf (54.77 KB)
63.pdf (94.98 KB)