Western Australian Current Acts Western Australian Current Acts (1) If a person is
charged before a court of summary jurisdiction with —
(a) an
offence under section 6(1) in respect of a quantity of a prohibited drug
referred to in Schedule III that is less than the quantity specified in that
Schedule in relation to that prohibited drug; or
(b) an
offence under section 7(1) in respect of a number of prohibited plants of a
particular species or genus referred to in Schedule IV that is less than the
number specified in that Schedule in relation to that species or genus; or
(c) an
offence under section 7A(1),
then, except in a case
where the person is charged with conspiring to commit the offence, the summary
conviction penalty for the offence is that set out in section 34(2)(b).
(2) A court of summary
jurisdiction that tries a person summarily for a charge of an offence referred
to in subsection (1) must be constituted by a magistrate sitting alone.
(3) If a person
charged before a court of summary jurisdiction with an offence that may be
dealt with summarily under subsection (1) is, under section 5 of The Criminal
Code , committed for trial or sentence in respect of the offence, the court to
which the accused is committed may deal with the charge despite —
(a) the
quantity of the prohibited drug to which the charge relates being less than
the quantity specified in Schedule III in relation to that prohibited drug; or
(b) the
number of prohibited plants of a particular species or genus to which the
charge relates being less than the number specified in Schedule IV in relation
to that species or genus.
[Section 9 inserted: No. 4 of 2004 s. 58; amended:
No. 84 of 2004 s. 82.]