What evidence to look for in a search warrant involving controlled deliveries
- track and trace receipts
- correspondence
- computers, faxes and cell phones
- emails
- contact lists / numbers
- packaging from previous importations
- money and financial records
- scales and packaging etc in relation to supply charges
- PO Box documentation
- travel documentation
- passports.
What is the presumptive amount of LSD tabs to prove sale and supply?
25 tabs
Who can grant bail to a person charge with the manufacture of methamphetamine?
High Court Judge
What is the time limit in relation to laying charges against a Section 6 Offence?
Must lay information within 4yrs of when the matter arose.
What is the difference between produce and manufacture?
Producing can be described as changing the nature of the original substance, and manufacturing as creating a different substance from the original materials.
Who proves if a drug is usable?
Under section 29A it is not necessary for the prosecution to prove that fact unless the defendant puts the matter in issue
Class C Definition
Class C controlled drug means the controlled drugs specified or described in Schedule 3 to this Act; and includes any controlled drug analogue
Admissibility of analyst certificate
Admissible if it is served within 7 days of hearing and copy of cert provided
When is offence of manufacturing complete?
The offence is complete once the prohibited substance is created, whether or not it is in a useable form.
Explain the 2 methods of delivery of drugs to ESR
- 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 laboratory.