39NPresumption on appeal

39N Presumption on appeal

39N Presumption on appeal

If—

(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

(b) an appeal is made against any determination of the Local Court with respect to the offence, and

(c) before the appeal is heard, the substance is destroyed after an order for its destruction is made under this Part or the regulations,

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].