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MISUSE OF DRUGS ACT 1981 - SECT 9

MISUSE OF DRUGS ACT 1981 - SECT 9

9 .         Summary trial of some indictable offences

        (1)         If a person is charged before a court of summary jurisdiction with —

            (a)         an offence under section 6(1) in respect of a quantity of a prohibited drug referred to in Schedule III that is less than the quantity specified in that Schedule in relation to that prohibited drug; or

            (b)         an offence under section 7(1) in respect of a number of prohibited plants of a particular species or genus referred to in Schedule IV that is less than the number specified in that Schedule in relation to that species or genus; or

            (c)         an offence under section 7A(1),

                then, except in a case where the person is charged with conspiring to commit the offence, the summary conviction penalty for the offence is that set out in section 34(2)(b).

        (2)         A court of summary jurisdiction that tries a person summarily for a charge of an offence referred to in subsection (1) must be constituted by a magistrate sitting alone.

        (3)         If a person charged before a court of summary jurisdiction with an offence that may be dealt with summarily under subsection (1) is, under section 5 of The Criminal Code , committed for trial or sentence in respect of the offence, the court to which the accused is committed may deal with the charge despite —

            (a)         the quantity of the prohibited drug to which the charge relates being less than the quantity specified in Schedule III in relation to that prohibited drug; or

            (b)         the number of prohibited plants of a particular species or genus to which the charge relates being less than the number specified in Schedule IV in relation to that species or genus.

        [Section 9 inserted: No. 4 of 2004 s. 58; amended: No. 84 of 2004 s. 82.]