Drugs Misuse and Trafficking Act - Case Study - Law Assignment Help

Assignment Task:

Task:

COMPULSORY ASSIGNMENT 
In October 2019, Kevin is tried by a judge sitting with a jury in the District Court of NSW on one count of Supply of Prohibited Drugs (s 25 of the Drugs Misuse and Trafficking Act 1985 (NSW)) on the basis that he knowingly took part in the supply of heroin. 
The prosecution's case is that, at about 11.00pm on 8 February 2019, Kevin and his partner Gustav were arrested for selling 6g of heroin to undercover police officers, Detective Sergeant (DS) Sarah Smythe and Detective Constable (DC) Kamala Khan. Kevin was accompanying (and standing next to) Gustav when Gustav tried to sell the heroin to DS Smythe. During the transaction DS Smythe asked Kevin some questions regarding the drug, including its weight and quality. He responded that it was "Six grams and very good stuff', in very broken English. As the transaction was completed, DS Smythe said, "I am a police officer, and you are under arrest for supplying a prohibited drug. You do not have to say anything anymore if you don't want to. We gotcha' now!" Kevin, (again in very basic English) then confessed to knowing that he and Gustav were there to sell drugs. On 1 March 2019, DS Smythe recorded her entire conversation with Kevin in a statement, which she then signed. This was provided to the defence at the hearing. 
 

At the hearing: 

(a) The prosecution calls DS Smythe who gives evidence of the transaction and her entire conversation with Kevin on 8 February 2019. After the introducing her, the prosecution asks her to read through the statement that she previously made. 
04 During cross-examination of DS Smythe, defence counsel puts to her that DC Khan reported to the local Commander that Kevin spoke very poor English. Defence counsel also puts to DS Smythe that she is a habitual liar, like all cops." She denies this. 

(c) The prosecution calls Gustav to give evidence of what happened. At the commencement of his evidence, Gustav appears unwilling to give evidence against Kevin. The prosecutor presses ahead. During questioning, the prosecution asks Gustav, "Is Kevin a heroin user? Gustav does not appear to understand the question and the defence objects. 

The prosecution does not call any further witnesses apart from a forensic scientist who gives evidence as to the nature of the substance that Kevin and Gustav tried to sell DS Smythe and DC Khan (No need to discuss the forensic scientist). The judge directs the jury that: 'You have to consider whether the Crown has satisfied you that of all of the facts presented have been proved not beyond any doubt, but beyond reasonable doubt." 
 

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