In 1765 Blackstone rrecognised that the defence was founded upon the theory that individuals should not be punished when they are not acting out of free will and that “the law ought to promote the achievement of higher values at the expense of lesser values, and that sometimes the greater good for society will be accomplished by violating the literal language of the criminal law.”
The decision on whether to prosecute medical cannabis cases or not must be based upon the evidence, the law and the Director's Guidelines. The decision to prosecute is a two tiered test:
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is there sufficient evidence?; and
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does the public interest require a prosecution
If it is not in the interests of the public that a prosecution should be initiated or continued then it should not be pursued. The scarce resources available for prosecution should be used to pursue, cases worthy of prosecution and not wasted pursuing inappropriate cases.
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Cannabis and the Law
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