In drug supply prosecutions relying on the deeming provision in s 29 of the Drug Misuse and Trafficking Act 1985, trial judges should convey the effect of the provision in simple terms rather than reading the legislation to the jury. The two aspects of knowledge — knowledge of the nature of the substance and knowledge of the quantity — must be clearly delineated in directions. However, confusing directions on these matters will not necessarily result in a miscarriage of justice where the sole issue at trial was clearly identified and the jury could not have been under any misapprehension about what the Crown was required to prove.
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