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Cases Citing This Decision
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Statutory Material Cited
1
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R v Perry
[2022] SASCA 127
Citation 1
(Para 23)
…y opinion the issue of whether the plants had established roots is a matter within the knowledge and experience of ordinary persons. R v Perry (No 4) (1981) 28 SASR 119 at 126. Sergeant Clarke gave evidence of her observations, namely as to matters of fact.…
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R v Francis-Wright
[2005] VSCA 79
Citation 2
(Para 8)
…hed the hearing upon the common assumption that to be a “cannabis plant”, the items in question had to have established roots. R v Francis-Wright [2005] VSCA 79. The evidence…
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Palaga v The Queen
[2002] HCATrans 138
Citation 3
(Para 5)
…In R v Palaga (2001) 80 SASR 19 the Court of Criminal Appeal, at [76-83] held that the penalty provisions in s 32(5)(B)(a)(ii) and (iii) respectively did not create separate distinct offences. Accordingly the issue of whether the prosecution has established as an aggravating factor, the number of plants, is properly…
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R v Hill
[2005] SADC 46
Citation 4
…R v Francis-Wright (2005) VSCA 79; R v Palaga (2001) 80 SASR 19; R v Lobban [2001] 80 SASR 550; R v Perry (No 4) (1981) 28 SASR 119 at 126; R v Hill [2005] SADC 46; R v Uxbridge Justices, ex parte Sofaer (1987) 85 Cr. App. R. 367, considered.…
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Sandhurst Trustees Ltd v Tame Holdings Pty Ltd & Ors
[2005] SADC 16
Citation 5
(Para 5)
…he prosecution has established as an aggravating factor, the number of plants, is properly the subject of a disputed facts hearing. Contrast R v Hill [2005] SADC 16. Background to the dispute of facts…