Submission reviewing Drug Supply Causing Death PDF

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Submission reviewing Drug Supply Causing Death The aim of this submission is to see if whether the reform of the law of homicide introduced by s 25C of the Crimes Act 1900 (NSW) is an acceptable answer to the issue of drug-related mortalities as well as is it an additional improvement to the law of homicide, including if s 25C is suitable in regards to the deaths caused by drug supply. Community Protection Legislation Amendment Bill 2018 was accepted by the Parliament of NSW, this Bill presented a new measure in s 25C into the Crimes Act 1900 (NSW), making a new crime of ‘supply of drugs causing death’ punishable. This reform is monitored by greatly shown deaths from drug usage at music festivals such as Defqon. This reform paper is to inquire the aim of the criminal justice system, recommendations that may assist in improving the issue of drug related deaths.

Drug Supply Causing Death Government strategy to tackle illegal drug usage and ownership is an continuing matter of discussion both in Australia and internationally. A section of this discussion apprehends the efficiency of the illegalisation of drug usage in regards to reducing drug-related harms and death. Prohibited drug usage and associated with deaths at music festivals is a matter of present worry in nowadays. 1 The Government in NSW is evaluating the law of these occasions but has excluded choices placed by few stakeholders, as well as permitting tablet testing and amnesty bins. In addition, the outline is the recommendation by drug law reform followers that ice users will be permitted to join a medically overseen smoke inhalation room.2

1 Tom Gotsis, Chris Angus and Lenny Roth, ‘Illegal drug use and possession: Current policy and debates’ (2016) NSW Parliamentary Research Service 1. 2 Wayne Hall and Adrian Carter, ‘Historical perspectives of drug use and ramifications for the future’ (2013) Drug Use in Australian Society 46.

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The usage of drugs at music festivals has become a concern for the safety of the public in regards to deaths, which has led to a numerous of fatalities in current years. The death of a 19 year old man occurred after he had appeared in the Knockout Games of Destiny music festival on 7 December 2018.3 In that specific music festival there were also three other individuals taken to hospital in a critical condition, in addition to 13 taken to hospital for healing and another 130 obtaining medical treatment throughout the event.4 Hence, showing the vast impact of the use of drugs in music festivals are causing death, implying the need for stricter laws.

Historical background In 1998, Australia had one of the largest drug difficulties in the world, twenty-two percent of the population consumed drugs at minimum once a year which is an outrageously high number and five times the world-wide regularity. Australia utilised relatively an authoritarian drug control policy from around the twentieth century, which functioned sound until the 1970s. They then moved to harm-reduction methods in the middle of the 1980s, with a sturdy importance on deterrence and cure. Which assisted Australia to escape a great measure in vaccinating drug usage connected to HIV/AIDS widespread. In contradiction to tobacco and alcohol where Australia attained significant request in decline through deterrence events, drug usage sustained in the growing and stretched disturbing levels by 1998.5

Australia in 1988, presented a National Illicit Drugs Strategy ‘Tough on Drugs’ that toughened the distribution control features exclusive of diminishing the demand part or giving up harm reduction methods. Deaths caused by drugs dropped, in addition to drug 3 Sally Rawsthorne, ‘One dead, 16 hospitalised after suspected music festival overdoses’ Sydney Morning Herald, (online, 9 December 2018) < https://www.smh.com.au/national/nsw/one-dead-three-critical-aftersuspected-music-festival-overdoses-20181209-p50l4d.html> 4 Tom Gotsis, ‘Drug Use at Music Festivals’ (2018) NSW Parliamentary Research Service 1. 5 United Nations Office on Drugs and Crime, ‘Drug policy and Results in Australia’ (2008) 3.

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related lawbreaking. Usage of other drugs had dropped, both between the overall population and between high school students, essentially because of better deterrence and treatment events as well as resources made accessible by the establishments to drug control overall.6

The Current Law The current law in s 25C of Crimes Act 1900 (NSW) deals with supply of drugs which suggested by amendment constructs it as an offence and punishable by imprisonment for 20 years. To distribute a illegal drug for business or material benefit if the self-administration of the drug by another individual reasons or considerably triggers that other individuals death. It will be essential to demonstrate that the individual distributing the illegal drug knew or must rationally to have recognised, that supply would reveal an individual to a substantial danger of death. If a person is authorised to supply the drug under the Poisons and Therapeutic Goods Act 1966A then it is not a crime under this section for supplying an illegal drug.7 This current law protects citizens who face issues regarding drug related death, and issuing a judgment that is well deserved. Evident in the case of Burns v The Queen, s 25C(1)(b) and (c) of the Crimes Act 1900 (NSW), ignores that interruption in causation by creating the drug provider illegally accountable for the performance and results of self-administration of a drug by an alternative individual if that individual is the person to whom the drug was originally provided.8 Attorney General stated in the Bill’s Second Reading speech that, in regards to alarms articulated about section 25C, the Department of Justice and the New South Wales Government will continue the process of the crime in near and consistent evaluation as this crime initiated by this bill tackles a hole in the criminal law in New South Wales.9 Presently, drug suppliers who supply illegal drugs for gain can escape accountability for the deaths of

6 United Nations Office on Drugs and Crime, ‘Drug policy and Results in Australia’ (2008) 5. 7 Crimes Act 1900 (NSW) s 25C. 8 Burns v The Queen (2012) 246 CLR 334, 371. 9 Mark Speakman, ‘Community Protection Legislation Amendment Bill’ (2018) NSW Hansard 51.

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individuals in the communities produced by the self-administration of the drugs that has been delivered.10

NSW has no distinct central drug policy, functioning as it does below the National Drug Strategy. State Plans have frequently signified to individual developments, such as the solidification of the NSW Drug Court.11 Currently a comprehensive drug-related procedure fair for NSW Health is arranged in the NSW State Health Plan regarding 2021.12 The nationwide drug plan which is the strategy lately recommended by the Intergovernmental Committee on Drugs is the National Drug Strategy 2010–2015, a outline National Drug Strategy 2016–2025 has been published which at the moment of making was not completed. The National Drug Strategy relates to illegal drugs, alcohol and tobacco.13 This is a current laws that is based in NSW for the reduction of drug related deaths.

The Criminal Law Committee of the New South Wales Bar Association is combined of lawyers who both sue and protect the ones held up in the criminal justice system as an outcome of the present procedure of drug prevention. The recent prevention method to illicit drugs has significantly been unsuccessful as it has had inadequate usefulness in decreasing drug accessibility or drug usage, and that situation is doubtful to alter as the law battles to familiarise to artificial drugs, the internet drug business and the illegal usage of pharmaceutical drugs.14

Aims of Criminal Justice 10 Ibid, 87. 11 ‘NSW 2021: A Plan to Make NSW Number One’ (2011) Government of NSW 35. 12 Tom Gotsis, Chris Angus and Lenny Roth, ‘Illegal drug use and possession: Current policy and debates’ (2016) NSW Parliamentary Research Service 27. 13 Ibid. 14 Criminal Law Committee, ‘Drug law reform’ (2014) New South Wales Bar Association 2.

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The purpose of the criminal justice system is the prevention of behaviour regarded as harmful or hypothetically harmful by society.15 In determining of behaviour should be outlawed, various methods to criminal accountability can be implemented.16

In the last twenty years, there has been substantial speculation in examination intended at understanding what works in decreasing re-offense. Explicitly, orderly and skilful evaluations of the correctional information already essentially settled that the most efficient interferences and courses are those that utilise recognised and authenticated actuarial threat valuation implements, engage rational interactive methods and facilities as a basis of cure and interference and balance criminals to suitable facility stages and types of interferences founded upon predictive danger.17 The three opinions now set the basis that has developed globally and known as best exercised in public and corrections.18 This is the general aim of the criminal justice system in attaining success to offences which lead to death.

Undertaking the issue of great capacity of drug related crimes and deaths necessitates the concentrated and supportive determination of health organisations and criminal justice to categorise and apply components that advance results for drug usage, drug related deaths and drug reliant criminals.19 Hence, necessitates attention of the drug cure and criminal justice interference information significantly, investigation establishing the influence of particular drug treatment involvements presented as a result of criminal justice collaboration.20 There is a important form of suggestion that required to classify active practice in the cure of drug 15 Willem de Lint and Derek Dalton (eds), Crime and Justice: A guide to Criminology (Lawbook, 5th ed, 2017). 16 Mark Findlay et al, Australian Criminal Justice (Oxford University Press, 4th ed, 2010). 17 Donald A. Andrews, Ivan Zinger, Robert D. Hoge, James Bonta, ‘Does correctional treatment work? A clinically relevant and psychologically informed meta ‐analysis’ (1990) 28(3) Criminology 36. 18 Doris Layton MacKenzie, What works in corrections: reducing the criminal activities of offenders and deliquents Cambridge University Press, 2006). 19 Jason Payne and Anthony Morgan, ‘Building effective interventions for drug users in the criminal justice system: A review of best practice’ (2016) Drug and Specialist Court Review 4. 20 Redonna K. Chandler, Bennett W. Fletcher, Nora D. Volkow, ‘Treating drug abuse and addiction in the criminal justice system: improving public health and safety’ (2009) 301(2) Jama 188.

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using criminals to prevent death. This investigation has revealed that behavioural treatments of providing drugs and medications managed in both public and criminal justice situations can decrease drug abuse and drug-related deaths and is cost efficient.21

In 1993 the new National Drug Strategy was prepared and distributed it trusted profoundly on the suggestions from the two assessments of the NCADA. Minimising harm to a void death from drug supply continued an inclusive aim of the procedure within its chief tactical objectives being to reduce the level of wound, illness and disease and death associated with the use of illicit drugs as well as alcohol and tobacco and reduce the effect of criminal drug breaches and other drug related crime which conclude to death amongst the public.22 NDS was created to prevent the worst case scenarios which in this case is drug related deaths.

Aims to strengthen drug harm and related death decline plans for music festival. To progress preparation strategies for music festivals on harm reduction approaches to prevent death.23 In order to prevent drug usage which causes deaths at music festivals, the NSW Government was suggested by the Expert Panel to experiment the usage of fining on the spot rather than Court Attendance Notices for drug ownership offences at or in the area of music festivals to prevent deaths. Examine initiating a new crime for the ones who supply prohibited drugs, for financial or substantial benefit, to individuals who then self-administrate the drugs and as a result die.24

21 Ibid. 22 United Nations Office on Drugs and Crime, ‘Drug policy and Results in Australia’ (2008) 33. 23 Maria Hawthorne, ‘AMA would like to see pill testing at festivals’ (2018) Australian Medical Association..

24 Mike Fuller, Kerry Chant, Phillip Crawford, ‘Keeping People Safe at Music Festivals: Expert Panel Report’ (2018) 1. Thamila Hossain Chowdhury – 45408645LAW REFORM SUBMISSION LAWS109

n deciding whether behaviour should be criminalised, different approaches to criminal responsibility can be exercised Arguments for Arguments for legislative change regarding drug supply causing death holding a solid understanding of supplying drugs which conclude to deaths. Amendments created for the current law permit offenders to be exploited by the law by inappropriately supplying drugs and will face imprisonment for twenty years.25 Henceforth, the amendment may be a justified response to the problem of drug related deaths and reduction to crimes and misuse. The amendment resourcefully reversed in the case of Burns v The Queen.26 Most debated if, and in what conditions, the ordinary allocation of an illegal drug to another individual can establish the unsafe action for the resolution of involuntary manslaughter. The Crown approved that ordinary allocation could not validate unlawful and dangerous doing manslaughter hence, did not necessitate to find a decision.27 It is also mentioned that the drug providers are accountable for the deaths of drug users and said it was accessible to the parliament to pass a legislative crime. It was clearly said by The Chief Justice in the High Court that there may be a reason for explicit legislature to protect responsible drug induced

25 Crimes Act 1900 (NSW) s 25C. 26 Burns v The Queen (2012) 246 CLR 334, 371 [115]-[116]. 27 Ibid.

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homicide.28 Therefore, the amendment of the legislation came to a benefit in assisting cases to come to a conclusion.

Arguments against Arguments against the Community Protection Legislation Amendment Bill 2018 incorporating a new part in s 25C of the Crimes Act 1900 (NSW) is mainly concerned about the supply and self-administration of drugs.in the case of Royall v The Queen it was stated that “the voluntary and informed actions of an adult negatives causal association.”29 The High Court measured the meaning of causation in the framework of s 18(1)(a) of the Crimes Act 1900 (NSW). That law depicted an act of an accused individual 'initiating the death charged' obligated in specific situations.30 Hence, suggesting the broadness of the legislation and arising issues towards the understanding of legislation and trying to make a suitable judgement. Another argument against the implementation of the Crimes Act 1900 (NSW) presents the fact that currently the supply of drugs conclude to deaths on many individuals, although there has been an amendment. The unlikelihood of exposure and arrest, is not specified anywhere in the amendment of the legislation, as drugs still are smuggled through international borders as well as music festivals which lead to death.31 Therefore, the amendment of the legislation may be difficult to understand.

Recommendations for change

28 Mark Speakman, ‘Community Protection Legislation Amendment Bill’ (2018) NSW Hansard 88. 29 Royall v The Queen [1991] HCA 27; (1991) 172 CLR 378. 30 Crimes Act 1900 (NSW) s 18(1)(a). 31 Criminal Law Committee, ‘Drug law reform’ (2014) New South Wales Bar Association 13.

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Hence, through the analysis of drug supply causing death, the present laws situated, arguments for and against and the necessity for alteration, it is evident that the reform to the law of homicide occasioned by s 25C of the Crimes Act 1900 (NSW) was needed as drug related deaths are very apparent. The following recommendations attempt to better the legislation in reducing the supply of drugs causing deaths as well as control of drug in music festivals which also conclude to death. 1. Obtain a dependable technique to the law of music festivals. This could be achieved through the presentation of an innovative strategy to minimise use of drug use or even a limited amount of use in specification to music festivals. Require managers to advance and follow to a Safety Management Plan for music festivals, maintained by a two-tiered scheme of danger, with adaptable monitoring circumstances. In addition, considering to create an agency group to assess and manage the music festival to approach these factors to prevent drug related death.32 2. A method to supply decline as well as harm reduction to prevent deaths from the supply of drugs, if the current law situated can assist in this two aspects of reduction it may prevent deaths from the supply of drugs. Restricting the aspect of supplying drugs whether to individuals for recreational use or even in music festivals, adding prevention in the legislation may prevent this sort of issues. 3. Harm decline methods can be designed to minimise death or decrease the danger suffered by drug consumers. Demand reducing processes can be planned to reduce the need for drugs, throughout educative courses and treatment.33 They could achieve supply decrease by decreasing the accessibility of illegal drugs by interloping with the doings of the dealer, thus raising the cost to the user and preventing them from

32 Gladys Berejiklian, ‘Ensuring safety at music festivals’ (2018) Media Release. 33 Alison Ritter, and Jacqui Cameron, ‘A review of the efficacy and effectiveness of harm reduction strategies for alcohol, tobacco and illicit drugs’ (2009) Drug and Alcohol Review 611.

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utilising drugs which then reduce the rate of deaths. If the reformed views these aspects it can help in assisting the reduction of death by the usage of drugs.34 4. Legislation itself can be addressed thoroughly by having more content of the meaning of supply of drugs which cause death, it could be more improved through more addition to penalties, as well as the ‘prohibited drugs’ section could be more brief and strict to reduce the misuse and death caused by the supply of drugs.

Conclusion To conclude, despite the existence of the current laws and the meaning set out in the legislation on the implication of drug supply causing death and the penalty rates, it does not address many aspects that come with the issue of supplying drugs that could cause problems relating to death. The reform of the law of homicide occasioned by s 25C of the Crimes Act 1900 (NSW) was a justified response to the problem of drug-related deaths to a certain extent although improvement of the legislation and further reform to the law of homicide, including s 25C may be desirable and can minimise drug related deaths.

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34 John Strang, et al, ‘Drug policy and the public good: evidence for effective interventions’ (2012) 379 82.

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