R v ZHU

2 VR 421·Winneke P, Callaway and Buchanan JJA
2 VR 421
R v ZHU SUPREME COURT OF VICTORIA Winneke P, Callaway and Buchanan JJA 11, 13 October 2000 [2000] VSCA 0191 Criminal law — Drug offences — Trafficking — “Commercial quantity” — Heroin mixed with other substances — Weight of mixture below prescribed amount — Weight of heroin in mixture above prescribed amount — Drugs, Poisons and Controlled Substances Act 1981 (No 9719) s 70(1). .

Paragraph (c) of the definition of “commercial quantity” in s 70(1) of the Drugs, Poisons and Controlled Substances Act 1981 provided that in Pts V and VI of the Act, unless inconsistent with the context or subject matter:

  • (i)if that drug of dependence is contained in or mixed with another substance and the quantity of that mixture of drug of dependence and other substance is not less than the quantity specified in column 2A of that Part of that Schedule opposite to the name of that drug of dependence, means any amount of that drug of dependence; or
  • (ii)in any other case, means the quantity that is specified in column 2 of that Part of that Schedule opposite to the name of that drug of dependence …”

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2 VR 421

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