Western Australian Consolidated Acts Western Australian Consolidated 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;
(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 by No. 4 of 2004
s. 58; amended by No. 84 of 2004 s. 82.]