SL v The Queen - SC 25/2016

Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury [2016] NZCA 48 CA 162/2015

Result

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

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A notice of abandonment having been lodged, the appeal is deemed dismissed.
31 March 2017

Additional Information

Hearing

21 and 22 November 2016

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ

Judgment appealed from

[2016] NZCA 48 CA 287/2015 CA 161/2015 not available