Pubdate: Sat, Oct 3, 1998
Source: The West Australian
Page: 4
Contact: FAX: +61 8 94823830
Author: Torrance Mendez

LAWYERS WARN ON CANNABIS CAUTIONS

THE new cannabis trial of cautions for first offenders will he a
nightmare for WA courts, the Criminal Lawyers' Association says.

Offenders caught with up to 50g of cannabis will escape a criminal
record if they consent to undergo a drug education session within two
weeks.

The Criminal Lawyers Association foresees big problems because the
trial is restricted to the police districts of Bunbury and Mirrabooka.

Any first offenders arrested outside those district, cannot be offered
a caution.

"People are going to know that in Bunbury and Mirrabooka one thing is
tolerated but not in others," Association Committee member Michael
Tudori said.

"They will think it's safe to smoke and safe to have cannabis in
Bunbury and Mirrabooka but not in other areas, it could lead to an
increase in crime."

Lawyers representing first offenders caught outside the trial areas
will argue for parity with offenders caught within the trial.

"The lawyers would say opportunities for leniency were being denied
simply because their clients were not arrested in Mirrabooka or
Bunbury police districts."

"The law is meant to be equal to everybody, in this instance, justice
isn't being done and isn't being seen to be done," Mr Tudori said.

The trial should be extended to all of WA or scrapped, he
said.

Someone convicted for a cannabis offence outside of Mirrabooka and
Bunbury might claim, with some justification, that their resultant
criminal record was excessive.

A spokesman for Police Minister Kevin Prince said the trial would be
assessed after 12 months and legislation would be changed to
incorporate it into WA law, if deemed worthy.
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Checked-by: Patrick Henry