The principle in [name withheld] v The Queen that a criminal trial is fundamentally altered when the prosecution is armed with compulsorily obtained evidence does not extend to circumstances where investigating police officers were present at ACC examinations but the prosecutor did not access the transcripts, the evidence obtained was peripheral to the trial issues, and the police had independent sources for the same information. Acquittals on production charges do not preclude a trafficking conviction where there is independent evidence of selling and sourcing methylamphetamine. The Benchbook direction on lies (consciousness of guilt) is an aid and not prescriptive, and need not elaborate on hypothetical reasons for lying where the defence case is that no lie was told.
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