Drugs in the mix

A Supreme Court judge yesterday refused to accept a man's guilty plea to having a commercial quantity of amphetamine because the amount was not specified as "pure".

Justice Dean Mildren said the Crown had always analysed drugs in the past and presented to the court an amount of the pure drug.

He would not accept, unless legislation directed him to do so, that an amendment to the Misuse of Drugs Act took an "admixture" with other substances as the amount for a charge.

Both Crown and defence counsel in yesterday's case said they believed the admixture was the amount to be taken into account.

Justice Mildren said he thought admixture referred to a mix of dangerous drugs.

"I would be astounded if Parliament meant you could mix 1 per cent of a dangerous drug with flour and even if it was 99 per cent harmless the whole amount was to be taken into account," he said.

"I would want that in very clear parliamentary language to accept that."

A "commercial" quantity of amphetamine is 100g.

Robert Ewen Chin, 39, pleaded guilty to possessing a commercial quantity of methamphetamine (107.862g) on February 6. He also pleaded guilty to possessing a traffickable quantity (638g) of MDMA (ecstasy).

During submissions by defence counsel Ian Rowbottam, Justice Mildren said: "That's an awful lot of methamphetamine -- about four ounces with a street value about $100,000?"

"On the basis it was pure," Mr Rowbottam said.

He had advised Chin he should plead guilty to having a commercial quantity.

Justice Mildren said if the quantity was not pure Chin should withdraw his plea.

He adjourned the plea hearing, extending Chin's bail to November 29.

Attorney-General Peter Toyne, introducing the amendment in May, 2002, said: "The Act currently provides for prosecutions . . . based on the quantity of pure, prohibited substance in a person's possession," he said. "It is well known that people who deal in drugs cut the pure drug with other substances."

Newshawk: http://www.napnt.org
Pubdate: 22nd October 2004
Source: Northern Territory News
Author: Bob Watt
Copyright: 2004 Northern Territory News
Url: http://www.ntnews.com.au
Email: ntnmail@ntn.newsltd.com.au