High Court of Australia

Pinkstone v The Queen [2004] HCA 23

219 CLR 444; 78 ALJR 797; 206 ALR 84

20 May 2004

Case Number: P47/2003


Gleeson CJ, McHugh, Gummow, Kirby, Heydon JJ


Criminal law – Supply of prohibited drug – Where appellant sent prohibited drug by air courier from Sydney to Perth – Where package intercepted by police in Perth – Where police agent handed package to intended recipient – Whether supply under Misuse of Drugs Act 1981 (WA).

Criminal law – Innocent agency – Whether acts of courier attributable to appellant – Whether acts of police agent attributable to appellant – Whether actual receipt by intended recipient necessary for "supply" under Misuse of Drugs Act 1981 (WA).

Constitutional law – State Supreme Court exercising federal jurisdiction – Offence committed in Commonwealth place – Trial in Western Australia – "Trial on indictment of any offence against any law of the Commonwealth … shall be held in the State where the offence was committed" – Whether offence committed in Western Australia for the purposes of s 80 of the Constitution.

Constitution – s 80.

Commonwealth Places (Application of Laws) Act 1970 (Cth).

Criminal Code (WA)
– s 12.

Misuse of Drugs Act 1981 (WA) – ss 3(1), 6(1)(c).

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