Anderson v The Queen [1993] HCA 59

High Court of Australia Brennan, Deane, Dawson, Toohey and Gaudron JJ. Anderson v The Queen [1993] HCA 59

ORDER Appeal allowed. Set aside the order of the Court of Criminal Appeal of South Australia. Remit the matter to that Court for determination of the appeal in accordance with the reasons for judgment of this Court.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 20 Brennan and Dawson JJ.

The appellant was charged on indictment before the District Court of South Australia on three counts. He pleaded guilty to the first count of producing cannabis contrary to s. 32(1)(a) of the Controlled Substances Act 1984 SA ("the Act") and, on the second and third counts, the Crown accepted pleas of guilty to offences of simple possession of cannabis and cannabis resin contrary to s. 31(1)(a) of the Act. The second and third counts have no relationship to the first count which arose out of the discovery of a number of cannabis plants that were being cultivated by the appellant near his residence at Belair in South Australia. The present appeal relates to the sentence of twelve months imprisonment which Chief Judge Brebner passed upon the appellant on the first count.

Section 32 of the Act provides, inter alia —

(1) A person shall not knowingly —

(a) manufacture or produce a drug of dependence or a prohibited substance;

(5) A person who contravenes this section shall be guilty of an offence and shall, subject to subsection (6), be liable to a penalty as follows:

(a) where the substance the subject of the offence is cannabis or cannabis resin —

(i) if the quantity of the cannabis or cannabis resin involved in the commission of the offence equals or exceeds the amount prescribed in respect of cannabis or cannabis resin for the purposes of this subsection — a penalty of both a fine not exceeding $500,000 and imprisonment for a term not exceeding twenty-five years; or