30 Mar 2023
Court found prima facie case established under s.15(1)(a) DDA 1952: one sealed and labelled urine sample tested positive for methamphetamine, s.31A complied by constructive arrest, no break in chain of custody, presumption under s.37(k) applied and accused failed to rebut it; conviction entered and sentence imposed.
27 Jul 2021
The High Court found that police taking of the urine sample complied with s31A(1A). However, the forensic report’s omission to state whether the detected amphetamine and methamphetamine were scheduled under the Dangerous Drugs Act 1952 or the Poisons Act 1952 was materially prejudicial because it foreclosed an alternative lawful explanation (medically prescribed ingestion) and would steer investigation and charging. Consequently the magistrate's decision to acquit was upheld.
11 Nov 2019
Failure by the prosecution to prove that it was not practicable for a medical officer to obtain the urine specimen under s31A(1A) is not fatal to admissibility; s31A(1A) is a preservation provision and police officers on the ground may lawfully require urine where practicability considerations justify preservation of evidence; administrative IGSO requirements do not invalidate samples; accordingly the acquittal based on alleged s31A(1A) non‑compliance was reversed and the respondent must be called to enter his defence.