Criminal Law: Drugs - Guides
Drugs
12. Going to Trial
Firm / Chambers:
Last updated: 21 Jul 2015
- If you plead not guilty you are neither agreeing nor disagreeing about whether or not you committed the offence. You do not have to prove anything. It is for the prosecution to prove that you committed the offence beyond reasonable doubt.
- In a trial for possession of an illegal drug your lawyer will need to prove that either:
- you were not in possession of the illegal drug;
- you had possession but not knowledge of the drug; or
- the substance was not an illegal drug.
- For serious offences the Magistrates’ Court holds a preliminary hearing to determine if there is enough evidence upon which a jury could convict you of the offence.
- If the magistrate determines there is enough evidence to support a conviction you will be committed to stand trial by jury in the District or Supreme Court.
- At trial the prosecution must prove you committed the offence beyond reasonable doubt.
- The prosecution will lead its evidence against you. This includes witness testimony as well as and exhibits such as photos of the drugs or the drugs themselves.
- You are entitled to cross-examine all prosecution witnesses. These are usually police officers. If you are represented your lawyer will do this for you.
- After prosecution close their case you are entitled to call witness or lead evidence to support your case. If you are represented your lawyer will do this for you. The prosecution is also allowed to ask your witnesses questions.
- You are not obliged to give evidence or to call any witnesses to give evidence. You do not have to prove anything.
- In the Magistrates’ Court the magistrate determines whether the charge has been proven beyond a reasonable doubt. In higher courts this will be decided by a jury.
- If the verdict is ‘not guilty’ the case will be dismissed.
- If the verdict is ‘guilty’ the court will proceed to sentence you.
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