R v Peart; R v Sorokin [2015] NSWCCA 321

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Peart; R v Sorokin [2015] NSWCCA 321 Hearing dates: 4 December 2015 Date of orders: 16 December 2015 Decision date: 16 December 2015 Before: Ward JA at [1]; R A Hulme J at [61]; Fagan J at [62] Decision: (1) Allow the appeal. (2) Set aside the order made by Toner SC DCJ on 9 September 2015 quashing counts 1 and 2 on the indictment presented against Kylie Anne Peart and Daniel Alexander Sorokin on 8 September 2015. Catchwords: CRIMINAL LAW – appeal against quashing of two counts on an indictment – commonwealth drug offences – quashed counts charged offences of importing controlled drug, being a drug analogue of a listed border controlled drug – third count charge offence of trafficking same drug, being a listed controlled drug – whether s 301.9(2) of the Criminal Code (Cth) means that if a substance is listed as a controlled drug for the purposes of manufacturing and trafficking offences then it cannot be an analogue of a border controlled drug for the purposes of import and export offences

STATUTORY INTERPRETATION – Criminal Code (Cth) s 301.9(2) – ordinary meaning of words

WORDS AND PHRASES – "or" – whether should be read distributively Legislation Cited: Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 (Cth) Criminal Appeal Act 1912 (NSW), s 5C Criminal Code 1995 (Cth), ss 11.2A, 300.2, 301.1, 301.4, 301.9, 302.4, 307.3 Criminal Code Regulations 2002 (Cth) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Bailey v Director-General, Department of Natural Resources NSW [2015] NSWCA 318 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297 Corporate Affairs Commission (NSW) v Yuill [1991] HCA 28; (1991) 172 CLR 319 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 R v Poulakis (No 3) [2015] ACTSC 191 Re Bolton; Ex Parte Beane [1987] HCA 12; (1987) 162 CLR 514 Re the Minister for Works; ex parte Duffy [2002] WASCA 295 Saeed v Minister of Immigration and Citizenship [2010] HCA 23; (2010) 241 CLR 252 Category: Principal judgment Parties: Regina (Appellant) Kylie Anne Peart and Alexander Daniel Sorokin (Respondents) Representation: Counsel: