Court of Appeal Wellington
8 April 1991
Cooke P, Casey, Thorpe JJ
8 April 1991
Cooke P, Casey, Thorpe JJ
Criminal law — Offences — Possession of cannabis plant for sale — Presumption of guilt from possession of more than 28 grams until contrary is proved — Meaning of "until the contrary is proved" - Whether presumption of guilt in Misuse of Drugs Act 1975 consistent with New Zealand Bill of Rights Act 1990 - Misuse of Drugs Act 1975, s 6 - New Zealand Bill of Rights Act 1990, ss 6 and 25.
Criminal law — Sentence — Possession of cannabis plant for sale — Sentence of 18 months imprisonment — Co-offender sentenced to periodic detention with supervision — Whether gross and unjustifiable disparity between sentences — Circumstances of co-offender — Misuse of Drugs Act 1975, s 6.
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