Woods v R [2017] NSWCCA 5

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Woods v R [2017] NSWCCA 5 Hearing dates: 31 August 2016Written submissions 4 October 2016 Date of orders: 31 August 2016 Decision date: 02 February 2017 Before: Price J at [1] Davies J at [1] Garling J at [1] Decision: (1) Appeal allowed. (2) Vacate judgment of Syme DCJ on 22 January 2016. (3) Indictment quashed. (4) Certificate under s 2(1)(a) of Costs in Criminal Cases Act 1967 (NSW) granted to the applicant up to and including the judgment of Syme DCJ on 22 January 2016. Catchwords: APPEAL – criminal law –whether dextromethorphan was a prohibited drug under the Drug Misuse and Trafficking Act 1985 (NSW) – Crown concession – indictment quashed

CRIMINAL LAW – costs – application for certificate under s 2(1)(a) of Costs in Criminal Cases Act 1967 (NSW) – whether applicant was "discharged in relation to offence concerned" – certificate granted Legislation Cited: Costs in Criminal Cases Act 1967 (NSW), ss 2, 3 Criminal Appeal Act 1912 (NSW), s 5F(3)(b) Drug Misuse and Trafficking Act 1985 (NSW), ss 3, 25(2), sch 1 Poisons and Therapeutic Goods Act 1966 (NSW), s 8 Cases Cited: DAO v R (No 3) [2016] NSWCCA 282 Director of Public Prosecutions v Howard (2005) 64 NSWLR 139; [2005] NSWSC 987 Nadilo v Director of Public Prosecutions (1995) 35 NSWLR 738; (1995) 77 A Crim R 537 Texts Cited: Butterworths Concise Australian Legal Dictionary Category: Principal judgment Parties: Matthew Woods (Applicant) Regina (Respondent) Representation: Counsel: M G McHugh SC and M J Gleeson (Applicant) N J Adams (Respondent)