R v Lineham [2016] NSWDC 247

R v Lineham [2016] NSWDC 247

Because there was no suggestion that the analyst's sampling was not random, no discrimination in the packaging, and the contents appeared not to have material shade differences, the overwhelming inference was that all 18 bags were of the same quality as the analysed sample; the Court was satisfied beyond reasonable doubt that the total calculated weight was 11.5 grams of cocaine with a purity of 44.5%.

Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Criminal Drug Offences / Sentencing Hearing After Guilty Pleas; Ruling on Disputed Question of Fact as to Quantity of Cocaine
Outcome
The offender was found, for the purposes of the disputed fact, to have been in possession of 11.5 grams of cocaine with a purity of 44.5%.
Legal Topics
['supply Prohibited Drug' 'cocaine' 'representative Drug Testing' 'proof of Drug Quantity' 'disputed Facts on Sentence']
['criminal Law'] ['supply Prohibited Drug' 'cocaine' 'representative Drug Testing' 'proof of Drug Quantity' 'disputed Facts on Sentence']

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Procedural Posture

Criminal Drug Offences / Sentencing Hearing After Guilty Pleas; Ruling on Disputed Question of Fact as to Quantity of Cocaine

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that all 18 resealable bags contained cocaine where only nine bags were tested.' 'Whether the untested substance was distinguishable from the tested sample so as to create a reasonable doubt about the quantity of cocaine.']

Ratio Decidendi

Because there was no suggestion that the analyst's sampling was not random, no discrimination in the packaging, and the contents appeared not to have material shade differences, the overwhelming inference was that all 18 bags were of the same quality as the analysed sample; the Court was satisfied beyond reasonable doubt that the total calculated weight was 11.5 grams of cocaine with a purity of 44.5%.

Court Disposition

The offender was found, for the purposes of the disputed fact, to have been in possession of 11.5 grams of cocaine with a purity of 44.5%.

Orders

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