The Federation Press

Drug Laws in the Code States


A major practitioner text for the three Code States written by Queensland counsel. The direct applicability of the text to Tasmania and Western Australia has been ensured by the involvement, as State Editors, of Professor Kate Warner (Tas) and Mark Ritter of Dwyer Durack (WA).

Table of Contents

Substantive Offences
Overview/ Interpretation & Definitions/ Summary offences/ Indictable offences/ Possession/ Cultivation

The codes/ Commonwealth legislation/ Jurisdictional and evidentiary problems

Commonwealth Narcotics Offences
Dealing in narcotics outside jurisdiction/ Importation of narcotics into jurisdiction/ Manufacturing narcotics within jurisdiction

General principles/ Is there a substantive defence of entrapment in the code states?/ The discretion to exclude evidence unlawfully or improperly obtained/ Entrapment and sentencing

Hearsay Admissions
Admissibility or weight/ Weight and probative value/ Admissions as to quantity/ Effect of statutory definitions on weight of admissions/ Judicial notice of colloquial admissions

Search and Investigation
Search warrants/ Search of the person/ Tracking and listening devices

Drug Identification from Seizure to Evidence
Street value of prohibited drugs/ Weighing, counting and analysis procedures/ Analyst certificates-evidentiary aspects/ Forensic aspects of drug analysis/ Forensic analysis of other prohibited drugs/ Chain of custody/ Receipt and disposal of dangerous drugs/ Evidentiary provisions

Prospects of rehabilitation/ Is addiction a mitigating factor?/ The plea of guilty/ Assistance to the authorities/ Relevance of the hierarchy of operatives in sentencing the supplier/ Sentencing the supplier/ Fact finding in the sentencing process/ Hierarchy of substances/ Hierarchy of operatives in importations/ Drug offences and foreign nationals/ Entrapment and sentencing/ The supplier/ The Penalties and Sentences Act 1992 (Qld)

Table of Cases
Table of Statutes

Of interest...