Court of Appeal Wellington
28 May; 8 June 1998
Eichelbaum CJ, Blanchard and Heron JJ
28 May; 8 June 1998
Eichelbaum CJ, Blanchard and Heron JJ
Criminal law — Offences — Sale of controlled drug — Division of drug among co-owners — Supply of drug not necessarily a sale — ``Sale'' has ordinary meaning — Whether there is a sale depends on whether consideration is given for the obtaining of the portion of the drug which was not previously owned — Misuse of Drugs Act 1975, s 6(1)(e).
Criminal law — Practice and procedure — Record of Judge's summing up not available on appeal — Need to show there is reason to suspect there is something wrong in connection with the hearing of the case — Possible failure adequately to put the defence case — New trial ordered.
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