Have you dined out with him prior to the offence

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Reference no: EM133286523

Question: Dan is on trial for possession of 'speed.' The Crown only witness was Officer May, an undercover police officer. May testified that after Julie arranged to sell drugs to May, Dan, in company with Julie, met May on 13 November 2020. May also testified that Dan refused to make the sale, and that May then arrested Dan, searched him, and found a substance that May believed to be 'ice' in Dan's jacket pocket. Julie, on the other hand, received a reduced sentence in return for undertaking to give evidence later against Dan.

The prosecution offered as an exhibit a document entitled 'Official State of Victoria Forensic Laboratory Report,' which states that the unknown substance found in Dan's possession was tested and found to be Methamphetamine (known also as 'speed').

The report concluded: 'I certify that the above is a true and accurate statement of the findings of this State agency.' The report is signed by A. Jenkins, Executive Director and Custodian.
As its first witness, the prosecution called Julie. On cross examination, the following Q&A took place:
Defence: Is it not true that you have been dating Dan for a year?
Julie: Yes.
Defence: Have you dined out with him prior to the offence?
Julie: Yes.
Defence: And is it not true that he always drank his coffee after adding powdered milk taken from his jacket pocket?
Julie: Yes.
c) As its first witness, the defence called Dan, who testified that he was in possession only of powdered milk and that he was being framed by May. On cross-examination, Dan was asked, 'Isn't it true that, two years ago, on 1 May, you were in possession of "ice"?' Over defence objection, Dan was instructed by the court to answer, and said, 'Yes.

Reference no: EM133286523

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