R v Cruse - [1989] 2 NZLR 279

Criminal law — Evidence — Drug offence — Cannabis — Accused was convicted of possessing a large quantity of cannabis for supply and of permitting his premises to be used for the commission of an offence — Police found no cannabis as it was allegedly stolen before accused was arrested — Whether Court might accept evidence short of scientific analysis as capable of proving a particular substance was a controlled drug — Whether circumstantial evidence might be sufficient — Whether Judge was entitled to leave question of identity of material to the jury — Whether accused was properly convicted — Misuse of Drugs Act 1975, ss 6 and 12.

Criminal law — Sentence — Drugs — Cannabis — Possession of up to 40 pounds of cannabis for supply and permitting premises to be used for commission of offence against Misuse of Drugs Act — Solicitor-General's appeal — Judge took into account that accused did not play a leading role in the offending and had co-operated with the police, and fined accused a total of $9000 — Whether because of amount of cannabis involved a term of imprisonment should be imposed — Whether special factors justified a reduction in the term — Misuse of Drugs Act 1975, ss 6 and 12.