R v Devcich - [1989] 2 NZLR 39

Criminal law — Offences — Drugs — Proof that substance is cannabis — Whether scientific analysis is necessary to prove the existence of resin within plant material — Whether an experienced police officer's evidence was sufficient to identify cannabis plant material in absence of scientific evidence or certificate — Misuse of Drugs Act 1975, Third Schedule.

Criminal law — Offences — Cultivating cannabis — Proof — Whether cannabis must be recovered to prove what was cultivated was cannabis — Dried stalks (which were not analysed) and plastic material (that could have been used for raising plants) were found in a large clearing in the forest — Six kilograms of cannabis was found in plastic bags hidden inside a stack of baled hay in a nearby barn — Whether all surrounding circumstances may be taken into account to prove a charge of cultivation.

Criminal law — Offences — Cultivating cannabis — Whether earlier cases had established clearly divided categories of cultivation — Whether offenders' personal circumstances may warrant a reduced sentence which still accords with the penalties imposed in comparable cases.