Discharge on drug count

Press, 14 December 1985, Page 5

Discharge on drug count

A man who was due to face trial by jury in the District Court yesterday on a drug charge was discharged by Judge Pain without the case having to go to trial. The Judge accepted submissions hy defence counsel, Mr G. R. Lascelles, on behalf of -Maxwell James Lawrence, aged 29, a glass worker.

Lawrence had been committed for trial after a preliminary. hearing in October on a charge of possessing cannabis on August 6 for sale or supply to other persons. The Judge yesterday granted the defence application for a discharge under provisions of section 347 of the Crimes Act. He ruled that no indictment be presented to the jury. Lawrence was then discharged. The charge had related to

11 cannabis bullets weighing 20.9 grams found by the police at Lawrence’s home. The prosecution at the preliminary hearing had said that the cannabis involved was less than the 28 grams at which the presumption applied in law that a person with this amount or more had the drug for sale or supply unless he could show otherwise.

' However, the police had relied on other evidence to make a case against Lawrence of having cannabis for sale or supply. Mr Lascelles submitted that certain evidence was inadmissible in respect of the charge before the Court, and without that evidence there was insufficient other evidence, to found the charge. Mr R. E. Neave appeared for the Crown.