Pinkstone v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY AND HEYDON JJANTHONY JOHN PINKSTONE  APPELLANTANDTHE QUEEN   RESPONDENTPinkstone v The Queen[2004] HCA 2320 May 2004P47/2003ORDERAppeal dismissed.On appeal from Supreme Court of Western AustraliaRepresentation:S A Shirrefs SC with G W Massey for the appellant (instructed by Gary Massey & Associates)R E Cock QC for the respondent (instructed by Director of Public Prosecutions for Western Australia)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPinkstone v The QueenCriminal 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 ofDrugs 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).GLEESON CJ...