The possibility of prejudice arising from the destruction of evidence before trial ('presumptive prejudice') is insufficient to warrant a stay of proceedings or exclusion of evidence; a trial is not rendered unfair by reason only that evidence of which it cannot be said whether it would have assisted the accused or the Crown is no longer available. Section 83 of the Drugs Poisons and Controlled Substances Act 1981 (Vic) is facultative and does not provide the exclusive means for disposing of seized drugs. Section 122 of the Police Regulation Act 1958 (Vic) does not apply to goods seized by police from alleged offenders under compulsory powers, as such goods are not 'unclaimed'.
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