The qualifications in Part 1.4, Item 4 of Schedule 1 to the Prohibited Weapons Act 1996 (ACT) (medical equipment and animal prods) are exceptions attracting an evidential burden on the defendant under s 58(3) of the Criminal Code 2002 (ACT), not elements the prosecution must disprove. In drug trafficking cases under the ACT's mixed weight regime, comparison between the pure weight of a drug in a mixture and the prescribed trafficable quantity is without significance for determining objective seriousness. A late guilty plea on the first morning of trial to one count where the case is overwhelming may have virtually no utilitarian value, justifying no discount.
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