6. Prosecution Procedure Flashcards
What can large scale commercial cultivation be substantiated by?
Volume of cannabis found in defendants possession
Admissions made by defendant
Intercepted communications
Observation evidence, particularly over extended periods
Significant cash holding and or movements
Evidence of sales
Evidence of extensive and sophisticated ongoing operations involving regular crop rotation
Evidence of extensive crop yield
Expected evidence at trial of cooffenders, informants or other crown witnesses
What is the time limit to filing charges?
Section 28(a) allows you to file charges at any time for offences of dealing, cultivating and aiding offences against corresponding law in another country.
Any other offences is four years after the date on which offence committed
S16 bail - what can judge do?
Judge may only grant bail for drug dealing offence. A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a high court judge or district court judge but not otherwise
For evidence in the analysts certificate to be admissible what procedures must be followed?
The chain of evidence is unbroken
The material analysed is not tampered with or contaminated
The defence is aware of the analysis and the results and is given reasonable time to prepare defence.
What are the 2 methods of delivering a drug exhibit to the ESR so that certificate evidence can be used?
In person to the analyst who is to issue the certificate, or to a person authorised by the analyst to receive it
By registered post or by courier post with signature required in a sealed package to an employee who has been authorised by the analyst in charge at the lab
Admissibility of certificate
Defendant served at least 7 days clear of the hearing and provided a copy of analysts certificate
Defendant does not 3 days before hearing give written notice that the analyst be called
The court does not request oral evidence of the analyst
