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On 31 December 2019, Masi gave Popo a cooler of fish to take from Port-Vila to Suva. Popo was not aware that Masi had lined

On 31 December 2019, Masi gave Popo a cooler of fish to take from Port-Vila to Suva. Popo was not aware that Masi had lined the walls of the cooler with two kilograms of methamphetamines (crystal meth) to be sold in Suva. The cooler was blue and contained frozen whole yellowfin tuna. On 1 January 2020 at about 7:30 am, Popo's plane from Port-Vila arrived at the Nausori airport. While the passengers were disembarking from the plane, a sniffer dog sniffed the cooler of fish and began to bark. The sniffer dog guide who was a policeman opened the cooler without Popo's consent and found the white powder that lined the walls of the cooler. The policeman confiscated the powder and sent it to be analysed by the chemistry laboratory in Suva. The government analyst who normally does these tests and gives expert witness evidence in Court was not present. Instead, her assistant, a junior lab technician completed the test and gave evidence that the powder was crystal meth. Crystal meth is an illicit (illegal) drug according to the Illicit Drugs Control Act (Act). Under the Act, it is an offence to be in possession of an illicit drug. Popo is a young woman with fair skin and long black hair. She was wearing a white tee shirt and ripped dark blue jeans. Moli, who was also on the same flight, also has fair skin and long black hair. She was dressed similarly to Popo and had also checked in a blue cooler. The police relied on an old camera which recorded vague footage of someone that looked like Moli wheeling a blue cooler to be checked in at the Air Vanuatu terminal. The camera was installed in 1995 and located right at the end of the terminal to capture the movements of people. On the sole basis of that vague CCTV footage, the police arrested and charged Moli for the offence of being in possession of illicit drugs. When interviewed under caution, Moli denied the allegation. During the High Court trial, Moli's lawyer vigorously cross examined the prosecution witnesses as per his instructions from Moli. The prosecution completed its case and the Judge found a case to answer. Moli gave her evidence denying the allegation.

A. As a judge in this case, discuss the need for identification warning requirements enunciated in the case of R v Turnbull et al [1977] QB 224 ALL ER 549. (5 marks)

B. Identify five of the evidentiary issues that arise in the above scenario. Discuss how these issues are normally selected and analysed by the prosecution for the purpose of a criminal trial. (5 marks)

C. The High Court finds Moli "not guilty" at first instance for the offence of possession of an illicit drug. This angers the Director of Public Prosecutions, who then decides to bring a charge of "importing an illicit drug" against Moli. Discuss whether the principle of autrefois convict/acquit applies to the subsequent charge. (10 marks)

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