(Cayman Islands) The Attorney General appealed against the overturning of a conviction of the defendant for the supply of drugs. A substance had been found under a stone in the defendant’s yard, which had been certified to contain cocaine hydrochloride. The defendant challenged the assertion that this proved the case. Notice of the intention to produce the certificate had not been given as required by the statute.
Held: Where a defendant is professionally represented, any objection to the form of evidence must be taken at the trial. The wording of the Act was that such evidence was ‘not receivable’ in evidence. This was distinguishable from saying it could not be admitted, and the certificate was admissible despite the failure to give proper notice. The certificate did not say that the substance found was a controlled drug, but the word ‘cocaine’ had been found to be a generic name, including the various forms and derivatives. The appeal was allowed, and the case returned to the Appeal court for the remaining appeal issues to be considered.
Judges:
Lord Bingham of Cornhill Lord Steyn Lord Hope of Craighead Lord Hutton Lord Rodger of Earlsferry
Citations:
Appeal No 53 0f 2001, [2002] UKPC 18
Links:
PC, PC, PC, The Attorney General f’ target=’_n’>PC, Bailii, PC
Statutes:
Misuse of Drugs Law, Law 13 of 1973 (revised 1995) (Cayman Islands) 4(1)(k)
Jurisdiction:
Commonwealth
Citing:
Cited – Regina v Banks 1972
. .
Cited – Regina v Greensmith CACD 1983
The word ‘cocaine’ when used in Part I of Schedule 2 to the Misuse of Drugs Act 1971 is used in the generic sense so that it includes the specific forms, derivatives or preparations of it which come within the wording of paragraphs 2 to 5 of Part I . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 05 June 2022; Ref: scu.168109