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Drug Laws in the Code States

By Peter Alcorn, Peter Zahra and Richard Arden

CONTENTS
A major practitioner text for the three Code States written by Queensland counsel. The direct applicability of the text to Tasmania and Western Australia has been ensured by the involvement, as State Editors, of Professor Kate Warner (Tas) and Mark Ritter of Dwyer Durack (WA).

CONTENTS

Substantive Offences

Overview/ Interpretation & Definitions/ Summary offences/ Indictable offences/ Possession/ Cultivation

Conspiracy

The codes/ Commonwealth legislation/ Jurisdictional and evidentiary problems

Commonwealth Narcotics Offences

Dealing in narcotics outside jurisdiction/ Importation of narcotics into jurisdiction/ Manufacturing narcotics within jurisdiction

Entrapment

General principles/ Is there a substantive defence of entrapment in the code states?/ The discretion to exclude evidence unlawfully or improperly obtained/ Entrapment and sentencing

Hearsay Admissions

Admissibility or weight/ Weight and probative value/ Admissions as to quantity/ Effect of statutory definitions on weight of admissions/ Judicial notice of colloquial admissions

Search and Investigation

Search warrants/ Search of the person/ Tracking and listening devices

Drug Identification from Seizure to Evidence

Street value of prohibited drugs/ Weighing, counting and analysis procedures/ Analyst certificates-evidentiary aspects/ Forensic aspects of drug analysis/ Forensic analysis of other prohibited drugs/ Chain of custody/ Receipt and disposal of dangerous drugs/ Evidentiary provisions

Sentencing

Prospects of rehabilitation/ Is addiction a mitigating factor?/ The plea of guilty/ Assistance to the authorities/ Relevance of the hierarchy of operatives in sentencing the supplier/ Sentencing the supplier/ Fact finding in the sentencing process/ Hierarchy of substances/ Hierarchy of operatives in importations/ Drug offences and foreign nationals/ Entrapment and sentencing/ The supplier/ The Penalties and Sentences Act 1992 (Qld)

Table of Cases/ Table of Statutes/ Index

   

Published June 1993
Publisher The Federation Press
Hardback/256pp
ISBN 9781862871120
Australian RRP $66.00
International Price $64.00
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Law - Criminal Law & Procedure


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