Defence counsel who elicit the entirety of an accused's criminal record without rational or reasonable explanation risk causing a miscarriage of justice warranting a new trial. The offence of cultivating not less than the commercial quantity of cannabis plants is established by proof that the accused carried out an act involved in the harvesting of a crop comprising that quantity, without requiring proof that the accused personally handled 250 or more plants. The s 116 identification direction is not required where identification is not in dispute but only the reliability of the account of the identified person's conduct is challenged.
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