Police Service And Criminal Justice

1369 WordsApr 24, 20176 Pages
Introduction On 19 April 2017, a visit was made to the Ipswich Magistrates Court to observe and report on a matter being tried. The subject matter that was observed was a property damage and drug related offence involving the accused, Mr T and the Queensland Police Service. Both parties appeared either personally or by their lawyers. Although the offences in this matter were indictable, the trial could be dealt with before a magistrate. The matter was heard before His Honour Magistrate Aaron Simpson. The attendees present included: Senior Constable M, the police prosecutor; Ms O, the defendant’s lawyer; and the accused Mr T. The matter firstly heard all material facts, followed by the defence and lastly Magistrate Simpson attended…show more content…
He is the defendant in this matter. The officers searched his persons without a warrant and found a small clip seal bag of a green herb substance along with a glass pipe. The defendant acknowledged that the clip seal bag was cannabis and both the bag of cannabis and the glass pipe were his. Mr T was read his rights in accordance with the Police Powers and Responsibilities Act 2000. It was noted that Mr T was cooperative with the officers regarding answering all questions. Legal issues The Queensland Police Service charged Mr T with the following: 1. Wilful damage; 2. Possessing a dangerous drug; and 3. Possessing things. To be convicted of Wilful damage it must be proven beyond a reasonable doubt that Mr T “wilfully and unlawfully destroys or damages any property”. For the possession of dangerous drug charge, it must be proven beyond a reasonable doubt that Mr T “unlawfully has possession of a dangerous drug”. Finally, for Mr T to be guilty of possessing things it must be proven beyond a reasonable doubt that he had in is possession “anything (not being a hypodermic syringe or needle): for use in connection with the administration, consumption or smoking of a dangerous drug; or that the person has used in connection with such a purpose.” Main arguments The next stage in hearing began at 9.25am when the magistrate motioned for the defence to come forth to the stand. The magistrate stated the matter of complaint and asked Mr T for his
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