Foster, Warren Stephen v The Queen [1983] FCA 51

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CATCHWORDS

Crimanal Law - Appeal against conviction - Whether Ordinance valid - Whether trial Judge misdirected jury ~- Whether grounds

of appeal raised questions of law.

Poisons and Narcotic Drugs Ordinance 1978, s.4(3).

WARREN STEPHEN FOSTER v THE QUEEN

A.C.T. No. G68 of 1982

CORAM: Bowen C.J., McGregor and Lockhart JJ.

23 March, 1983

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

No. G68 of 1982 AUSTRALIAN CAPITAL TERRITORY DISTRICT

REGISTRY

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GENERAL DIVISION

BETWEEN: WARREN STEPHEN FOSTER Appellant . AND: THE QUEEN Respondent ORDER JUDGES MAKING ORDER: Bowen C.J., McGregor and Lockhart JJ. WHERE MADE: Canberra DATE: 23 March, 1983 THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The matter be remitted to the Supreme Court for the

question of sentence to be dealt with.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT No. G68 of 1982

REGISTRY

GENERAL DIVISION

BETWEEN: WARREN STEPHEN FOSTER Appellant AND: THE QUEEN Respondent

CORAM: Bowen C.J., McGregor and Lockhart JJ.

23 March, 1983.

EX TEMPORE JUDGMENT

THE COURT: Warren Stephen Foster appeals to this Court against

his conviction by the Supreme Court of the Australian Capital Territory and a jury on 1 September 1982 of the offence of having a controlled substance, namely cannabis, in his possession on 4 January 1980 for the purpose of supplying it to another person. The offence is created by sub-section 4(3) of the Poisons and Narcotic Drugs Ordinance 1978 ("the Ordinance"). After recording a conviction on the jury's verdict of guilty on 1 September 1982, the learned trial Judge adjourned the further hearing of the matter to 1 December 1982 and deferred passing sentence upon the appellant in the meantime. His Honour ordered that the appellant be released upon his own recognizance in the sum of $500 on condition that he appear in court on 1 December.