Federal Court of Australia
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CATCHWORDS.
Criminal Law - possession of heroin and possession of methaqualone - appeals against convictions - whether search warrant issued by Clerk of Petty Sessions under
Public Health (Prohibited Drugs) Ordinance valid -
meaning of "possession" in s.4(1) Public Health
(Prohibited Drugs) Ordinance ~ meaning dependant on context - nature of necessary mental element considered
~- whether methaqualone declared a "narcotic drug"
for purposes of s.35 Poisons and Dangerous Drugs Ordinance.
Practice and Procedure - evidence obtained pursuant to
execution of search warrant - if search warrant invalid, whether discretion of trial judge properly exercised in admitting evidence obtained upon its execution.
Practice and Procedure - whether evidence supported
finding that tablets contained methaqualone.
Criminal Law_ = possession of heroin and possession of methaqualone - appeals against custodial sentences on
grounds of excessiveness.
Public Health (Prohibited Drugs) Ordinance, 1957 (A.C.T.) ss.4(1), 5.
Poisons and Dangerous Drugs Ordinance, 1933 (A.C.T.) ss.5(2), 35.
Court of Petty Sessions Ordinance, 1930 (A.C.T.) ss.5(1), 12.
ROBERT FRANCIS SEE v. ROBIN VICTOR EDWIN MILNER.
F.C. No. 10 of 1979 F.C. No. 11 of 1979.
FRANKI, NORTHROP & LOCKHART JJ. 4 DECEMBER 1980
CANBERRA.
IN THE FEDERAL COURT OF AUSTRALIA)
) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) n - 10 of 1979 ) )
Cc ° .C. No. 11 of 1979 GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN : ROBERT FRANCIS SEE Appellant (Defendant) AND: ROBIN VICTOR EDWIN MILNER Respondent
(Informant. )
ORDER JUDGES : FRANKI, NORTHROP & LOCKHART JJ. WHERE MADE : CANBERRA
ory
DATE OF ORDER 4 DECEMBER 1980.
THE COURT ORDERS THAT:
1. Each appeal is dismissed. 2. The convictions, sentences and orders of the trial judge are confirmed.
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