A Sydney man has been cleared of supplying a synthetic drug to a schoolmate who jumped to his death after taking it, because the drug was not illegal at the time.
Tzu-yang Fang was charged with supplying the drug to Henry Kwan who jumped from the third-floor balcony of his family's Killara home in June last year.
The 17-year-old had taken a form of the drug NBOM-e, which mimics the effects of LSD, and thought he could fly.
Henry's mother and sister were home when he jumped off the balcony, telling them he wanted to fly.
"They tried to save him from jumping but they couldn't help because they are not strong enough," his father Stephen Kwan said last year.
In a brief hearing in Parramatta Local Court this morning, the prosecution recommended the charges against Mr Fang be dismissed.
The court heard that forensic analysis had proved the drug supplied was not illegal at the time.
Magistrate Roger Brown agreed to the recommendation and the 18-year-old walked free a short time later.
Legislation passed by the New South Wales Parliament in October last year made a range of synthetic psychoactive substances and their derivatives illegal.
The Federal Government also banned the drugs in March this year.
http://www.abc.net.au/news/2014-04-...sydney-teens-death-on-fake-lsd/5388480?pfm=ms
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I always thought the "jumped off a building thinking they could fly" thing was an urban myth or media hype. Pretty sad.
Sometimes I wonder if this theme manages to implant itself into the heads of inexperienced trippers - or if the guy was jumping for some entirely different reason (freaking out, dissociating, some other explanation other than the delusion that they could "fly"?
I can't imagine anyone that far-gone telling the people around them that they can fly...I've never witnessed such a thing, or had anything close to that level of psychedelic disconnection from reality; which isn't to say it doesn't happen.
...Cue lots of really witty Bill Hicks quotes.
Has anyone here seen or experienced the belief that they could fly whilst tripping? I've tripped in 5 and 7 storey apartments countless times, and I never had even the slightest inkling that I could fly by jumping off the balcony.
Is it a form of media suggestibility, or an unfortunate response to psychedelics in some people?
Anyway - sensationalist headlines aside - this ruling is quite interesting from a legal perspective.
Australians tend to assume - and advise one another - that virtually every novel psychoactive on the RC market with a passing structural resemblance to an illicit drug is illegal under analogue legislation - for this reason i was under the impression the NBOMe series was technically 'illegal' before any of the media hype or casualties came to people's attention. but this seems like another case of specific scheduling being relied upon for a substance to be considered "illegal". It would appear that the analogue laws are either too complicated, too inadequate to convict people, or not applicable to this family of drugs.
I am surprised to hear a 25x NBOMe drug was considered legal - or more specifically not illegal (I'm guessing the wording is relevant there) - by a magistrate - acting on advice of the prosecution (!) in June 2013.
Though not familiar enough with the particulars of drug law - especially these complicated analogue laws - it seems to contradict everything I had been led to believe; especially as the NBOMe series were hardly the newest, most obscure research chemical in June last year (and i am pretty certain 2c-I is schedule 9 [the highest restriction] Australia)
A sad tale regardless - but I'm sure this guy's friend has been through enough without having to serve a prison sentence on top of it.
These drugs are a prime example of why such things (and/or safer psychedelics like LSD) should be regulated and not find their way into the the hands of highschool kids to prepare and distribute.
Tzu-yang Fang was charged with supplying the drug to Henry Kwan who jumped from the third-floor balcony of his family's Killara home in June last year.
The 17-year-old had taken a form of the drug NBOM-e, which mimics the effects of LSD, and thought he could fly.
Henry's mother and sister were home when he jumped off the balcony, telling them he wanted to fly.
"They tried to save him from jumping but they couldn't help because they are not strong enough," his father Stephen Kwan said last year.
In a brief hearing in Parramatta Local Court this morning, the prosecution recommended the charges against Mr Fang be dismissed.
The court heard that forensic analysis had proved the drug supplied was not illegal at the time.
Magistrate Roger Brown agreed to the recommendation and the 18-year-old walked free a short time later.
Legislation passed by the New South Wales Parliament in October last year made a range of synthetic psychoactive substances and their derivatives illegal.
The Federal Government also banned the drugs in March this year.
http://www.abc.net.au/news/2014-04-...sydney-teens-death-on-fake-lsd/5388480?pfm=ms
—————————————————————————————————————————————————————————————
I always thought the "jumped off a building thinking they could fly" thing was an urban myth or media hype. Pretty sad.
Sometimes I wonder if this theme manages to implant itself into the heads of inexperienced trippers - or if the guy was jumping for some entirely different reason (freaking out, dissociating, some other explanation other than the delusion that they could "fly"?
I can't imagine anyone that far-gone telling the people around them that they can fly...I've never witnessed such a thing, or had anything close to that level of psychedelic disconnection from reality; which isn't to say it doesn't happen.
...Cue lots of really witty Bill Hicks quotes.
Has anyone here seen or experienced the belief that they could fly whilst tripping? I've tripped in 5 and 7 storey apartments countless times, and I never had even the slightest inkling that I could fly by jumping off the balcony.
Is it a form of media suggestibility, or an unfortunate response to psychedelics in some people?
Anyway - sensationalist headlines aside - this ruling is quite interesting from a legal perspective.
Australians tend to assume - and advise one another - that virtually every novel psychoactive on the RC market with a passing structural resemblance to an illicit drug is illegal under analogue legislation - for this reason i was under the impression the NBOMe series was technically 'illegal' before any of the media hype or casualties came to people's attention. but this seems like another case of specific scheduling being relied upon for a substance to be considered "illegal". It would appear that the analogue laws are either too complicated, too inadequate to convict people, or not applicable to this family of drugs.
I am surprised to hear a 25x NBOMe drug was considered legal - or more specifically not illegal (I'm guessing the wording is relevant there) - by a magistrate - acting on advice of the prosecution (!) in June 2013.
Though not familiar enough with the particulars of drug law - especially these complicated analogue laws - it seems to contradict everything I had been led to believe; especially as the NBOMe series were hardly the newest, most obscure research chemical in June last year (and i am pretty certain 2c-I is schedule 9 [the highest restriction] Australia)
A sad tale regardless - but I'm sure this guy's friend has been through enough without having to serve a prison sentence on top of it.
These drugs are a prime example of why such things (and/or safer psychedelics like LSD) should be regulated and not find their way into the the hands of highschool kids to prepare and distribute.
