LAPIC v POLICE
[2003] SADC 87Judge Sulan
Criminal
Anita Lapic, the defendant, is charged with possessing cannabis for sale. Particulars of the offence are that on 19 October 2001 at Enfield she knowingly had cannabis, a prohibited substance, in her possession for the purpose of selling it to another person. The prosecution allege that the offence involved in excess of 2 kilograms of cannabis.
The defendant pleaded not guilty and the trial commenced on 31 March 2003. A late application was made for trial by judge alone. Mr Mancini who appeared for the defendant informed the Court that he had discussed the question of trial by judge alone with his client, and he had then forgotten to raise it with her again, until just prior to trial. He candidly admitted that he had overlooked obtaining detailed instructions from his client within the time required for making an election. Mr McEwen who appeared for the prosecution did not oppose the application. I extended the time for the application to be made, dispensed with the rules and ordered trial by judge alone.
I was informed by counsel that if the Information were amended to allege possession for sale or supply the defendant would plead guilty, and there would then be a disputed facts hearing on the question of whether she possessed cannabis for sale or possessed it for supply. In R v Hoang[1] the Court of Criminal Appeal decided that possession of cannabis for sale or supply is one offence. The question which might remain is whether a person possessed the drug for sale or for supply. That is a question to be determined by the judge.
[1] (2003) 83 SASR at 254
Mr McEwen submitted that it was open for me to proceed in that way. The prosecution case was that the defendant possessed cannabis for sale. Mr Mancini informed me that his client admitted possessing the cannabis in question, but she denied she possessed it for any commercial purpose. She admitted that she intended to supply some of the cannabis to her father. I therefore embarked upon a disputed facts hearing.
The Facts
The prosecution case is that police attended at premises at 2A Turnbull Avenue, Enfield at about 5.00pm on Friday, 19 October. The defendant was home and when police entered the premises they saw a room (the rear bedroom) which had been set up as a hydroponically-operated growing room for cannabis. In the main bedroom they found four small money bags containing cannabis head and a brass pipe in a drawer. In the rear bedroom they observed six small ballasts, two large ballasts, six light shades, six light globes, a set of electronic scales and nine bags containing dry cannabis head. These items were seized. Photos were taken of the premises. Police searched the premises. They also seized a number of documents. Constable Jamieson gave evidence of having taken possession of the various items I have described, including numerous documents. A field receipt was prepared and…
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- [2003] SADC 87
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