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Thelema

Oz Analogue Law database of cases

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Hi,

this thread is intended to be a sticky collating references to federal and state cases that have sought to apply analogue laws in a conviction. It is a work in progress, and I will focus on chasing up cases that have involved federal analogue clauses in the criminal codes act. But for now, if you wish to contribute, please PM me the details and I will add it to the list in this first post. The standard format will be: case, court and date; law being used; substance and alleged substance it is analogue to, and amount of substance involved; and trial determination.

Any further comments in the thread should make specific reference in the first line as to which case is being discussed. General comments are also welcome.

Federal

Territories (norfolk island, ACT, NT etc)

NSW

QLD

SA

TAS

VIC

WA

New Zealand

Edited by Thelema
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Would it be alright if you included NZ cases in your post as well? I think that besides it being useful to kiwis, it would still be useful to any country with a similar analogues law, as future expert testimony might be modelled on the previous arguments. :)

https://www.police.govt.nz/news/release/32558.html
http://www.stuff.co.nz/auckland/local-news/7565397/Million-dollar-drug-scheme

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I wonder how we can source a lot of this info. I am frequently involved in such cases as I advise lawyers, individuals and industry reps, but i don't see any results published that are easily findable. eg, even if I know the name of the defendant, the barrister, the court, and the substance, i still can't find any evidence of the analogue in the literature. So if I can't even find it knowing all those things, how do we find them if all we know is the substance?

eg, look at the nexus case from the 90's we discussed in another thread. yes, it is on austlii, but several of us looking for it failed to find it until the defendant posted a link. To be honest I have never found any of the cases I have been involved in.

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You could make a freedom of information request. Im not sure if your request would be just or not, but you certainly have enough details to make the request.

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FOI works on a per document basis. They don't do the searching for you.

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Im not sure how things work outside of WA, but i know for a fact that applicants often reviece answers when requesting information on a topic (within certain peramaters oc)

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