Other Flashcards

1
Q

Define, large scale dealing

A

Suspected dealing in a quantity of drugs that is more than five times the presumption threshold.

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2
Q

Large scale dealing may be substantiated by?

A

Admissions by defendant.
The amount of sophisticated equipment in their possession.
Volumes of precursor materials in their possession.
Evidence of chemical purchases.
Intercepted communications.
Observation evidence over an extended period.
Significant cash holdings and/or movements.
Evidence including records, sales, including detailed lists.

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3
Q

Criteria for class A drugs to get to crown prosecution.

A

Quantity of more than 5 times the quantity of the presumption threshold, or
Evidence of large-scale dealing beyond the the actual quanity seized, or
Substantial evidence derived from a surveillance device involving audio interception.

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4
Q

Criteria for class B drugs to get to crown prosecution.

A

Quantity of Drugs is more than 10 times the quality of the presumption threshold, or
Evidence of large scale dealing beyond the actual quantity seized, or Substantial evidence derived from a surveillance device involving audio interception.

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5
Q

Criteria for class C drugs to get to crown prosecution.

A

Evidence of large scale commercial dealing, or Substantial evidence derived from a surveillance device involving audio interception.

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6
Q

Large scale commercial Cultivation may be substantiated by?

A

Volume of cannabis found in the defendants possession,
Evidence of an extensive and sophisticated ongoing operation involving regular crop rotations,
Evidence of extensive crop yields.

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7
Q

Charging time limits

A

Section 28(a)
Limitation period is any time for offences of:
Dealing (s6)
Cultivation (s9)
Aiding offences against corresponding law in another country (s10)

Section 28(b)
Limitation period is for four years for any other offences under this Act.

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8
Q

Certificate of analysis. For the evidence in the Certificate to be admissible certain procedures must be strictly followed to ensure?

A

The chain of evidence is unbroken.
The material to be analysed is not tampered with or contaminated.
The defence is aware of the analysis and the results and is given reasonable time to prepare a defence.

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9
Q

Certificates are only admissible evidence if:

A

You notify the defendant of your intention at least seven days before the hearing and give them a copy of the analysts certificate.
The defendant does not request, at least three days before the hearing and in writing, that the analyst be called.
The court does not request the oral evidence of the analyst.

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