NSWIn ForceAct
Drug Misuse and Trafficking Act 1985
39NPresumption on appeal
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#### 39N Presumption on appeal
39N Presumption on appeal
> If—
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> > (a) a person who was legally represented before the Local Court on the trial of an offence with respect to a substance to which this Part applies pleaded guilty to the offence, and
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> > (b) an appeal is made against any determination of the Local Court with respect to the offence, and
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> > (c) before the appeal is heard, the substance is destroyed after an order for its destruction is made under this Part or the regulations,
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> any particular in the court attendance notice as to the nature, quantity or mass of the substance is, for the purposes of the appeal, presumed to be true.
>
> **s 39N:** Ins 1986 No 47, Sch 1 (2). Am 1998 No 160, Sch 1 \[7\]. Subst 2016 No 6, Sch 1 \[3\].