Where a specific power exists, that power ought be preferred. But where a specific power exists, that doesn't (without more) invalidate the existence of a more general power.G A, MM & P J v The Queen provides a simple demonstration of the principle. There is a specific warrant to search a vehicle for drugs available …
Continue reading GA, MM & PJ v The Queen [2012] VSCA 44: Acting without warrant
Where a specific power exists, that power ought be preferred. But where a specific power exists, that doesn't (without more) invalidate the existence of a more general power.G A, MM & P J v The Queen provides a simple demonstration of the principle. There is a specific warrant to search a vehicle for drugs available …
Continue reading GA, MM & PJ v The Queen [2012] VSCA 44: Acting without warrant
Minor differences at microscopic level can produce substances very similar in effect to drugs of dependence, but that aren't specifically listed in any of the schedules of the Drugs, Poisons and Controlled Substances Act 1981. Provisions in state and Commonwealth legislation prohibit these copycats so that their possession and sale is illegal even if a …
The Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Cannabis Water Pipes) Act was assented to last week. The Explanatory Memorandum is here, and the Second Reading is here.It will come into effect on 1 January 2012. My flip through the legislation suggests that it looks a lot like the Drugs, …
In R v Martindale [1986] 84 Cr App R 31 the accused claimed lack of possession due to forgetfulness. He'd been charged with possession of drugs under UK law. He said that he had been given cannabis while in Canada, had put it in his wallet and forgotten it was there before returning to England …