Ian Campbell Macpherson v The Queen - SC 94/2012

Criminal Appeal – Crimes Act 1961, s 340(3)  – Misuse of Drugs Act 1975, s 6(1)(b)  – Sentencing Act 2002, s 142N – whether the Court of Appeal erred in finding that the Court’s refusal to sever the applicant’s trial from that of his co-accused did not lead to a miscarriage of justice – whether the Court of Appeal erred in finding that the applicant’ s conduct (of rubbing his hands together after handling dried cannabis plant thus collecting cannabis resin) changed the cannabis plant that he had harvested into another controlled substance, thus falling within the meaning of  “ to produce” under s 6(1)(b) of the Misuse of Drugs Act – whether the Court of Appeal erred in upholding, in part, an order for forfeiture of a portion of the applicant’s property under s 142N of the Sentencing Act.[2012] NZCA 522     CA 643/2011