High Court of Australia

Adams v The Queen [2008] HCA 15

234 CLR 143; 82 ALJR 718; 244 ALR 270

23 Apr 2008

Case Number: M121/2007

Before

Gleeson CJ, Hayne, Heydon, Crennan, Kiefel JJ

Catchwords

Criminal law – Sentencing – Federal offences – Appellant convicted of possessing a "commercial quantity" of the narcotic MDMA (ecstasy) – Customs Act 1901 (Cth) fixed the commercial quantities of certain narcotics and imposed maximum penalties that did not distinguish between the narcotics – Whether appellant should have been sentenced on the basis that MDMA was less harmful than heroin.

Practice and procedure – Appellant did not demonstrate factual assertion that MDMA was less harmful than heroin – Whether controversy "moot" or "academic".

Words and phrases – "commercial quantity", "moot", "trafficable quantity".

Customs Act 1901 (Cth) – ss 233B, 235.
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