R v Jenkinson (No. 1) [2022] NSWDC 286

District Court New South Wales

Medium Neutral Citation: R v Jenkinson (No. 1) [2022] NSWDC 286 Hearing dates: 07 April 2022 Date of orders: 08 April 2022 Decision date: 08 April 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Find that the quantity of drug for the purposes of this prosecution should be presented as 98 grams of the bulk vegetable matter of which the specified prohibited drug was a part Catchwords: CRIMINAL PROCEDURE — Trial — Judge alone CRIMINAL PROCEDURE — Trial — Voir dire CRIME — Drug offences — Supply prohibited drug — Commercial quantity CRIME — Drug offences — Supply prohibited drug Legislation Cited: Drug Misuse and Trafficking Act 1985 Drugs and Poisons Legislation Amendment (New Psychoactive and other Substances) Act 2013 Evidence Act 1995 Poisons Act 1952 (NSW) Cases Cited: Cunningham v R [2017] NSWCCA 222 El Kheir v R [2019] NSWCCA 288 Finch v R [2016] NSWCCA 133 Poisons and Therapeutic Goods Act 1966 (NSW) Police Offences Amendment (Drugs) Act 1927 (NSW) Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2011] FCAFC 132 Woods v R [2017] NSWCCA 5 Woods v R [2020] NSWCCA 219 Texts Cited: 'Dazed and Confused: Accidental Mixtures of Goods and the Theory of Acquisition of Title' (2003) 66 Modern Law Review Category: Principal judgment Parties: Regina (Crown) Thomas Jenkinson (accused) Representation: Carl Young (Crown Prosecutor) Rory Pettit (Counsel for the accused)