Question
refer to the scenario below: You are the attorney representing Tiffany Smith. On 8 March 2021, Tiffany was arrested at her home for cultivating and
refer to the scenario below:
You are the attorney representing Tiffany Smith. On 8 March 2021, Tiffany was arrested at her home for cultivating and using dagga in her house. It comes to your attention that the police arrested Tiffany because Tiffany's neighbour, Peter, had complained on many occasions that the smell of the dagga and the abundance of dagga plants in Tiffany's yard grossly offended him. Peter is staunchly of the view that using and growing dagga on one's private premises is against the law and he wants Tiffany to be punished.
You have consulted with Tiffany on numerous occasions at the local police station and the police will not even consider releasing her because they are also of the view that Tiffany has entirely broken the law by using dagga and growing it in her own home. This concerns you greatly because Tiffany is an adult, and she uses the dagga for her own personal consumption. Despite telling this to the police, the reply you get is that they have to keep Tiffany in custody because they also have witness statements saying that she has also been dealing in dagga from a local coffee shop down the road from her house. Tiffany denies this entirely and her roommate, Lorraine, has also provided you with information that backs up Tiffany's denial of the allegation.
I HAVE TO DRAFT A LEGAL MEMORANDUM BUT DO NOT KNOW WHAT THE APPLICATION OF LAW TO THE FACTS WOULD BE? PLEASE HELP!
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