2. Drug Offences - Miscellaneous Offences Flashcards
What is s12A(1)? Length of imprisonment?
- Every person commits an offence against this Act who supplies, produces or manufactures –
a. Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
b. Any precursor substance –
c. knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.
Imprisonment - 7 years
What is s12A(2)? Length of imprisonment?
- Every person commits an offence against this Act who has in his or her possession –
a. Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
b. Any precursor substance –
c. With the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.
Imprisonment - 5 years
What elements must be proved for s12A?
- the defendant has supplied, produced, or manufactured items, or had them in in their possession
- the items are capable of being used in the production or manufacture of controlled drugs, or cultivation of prohibited plants
- the defendant knows those items are to be used for such an offence by another person, or an intention to use them for an offence
What is the definition of precursor substance?
any substance specified or described in Part 1 or Part 2 of Schedule 4.
What does s9 say about cultivation of prohibited plants? What is a defence? Imprisonment?
Except under licence, no one can cultivate a prohibited plant.
It is a defence if the plant is of the species Papaver somniferum and it was not intended to be a source of a controlled drug or developed as a strain from which a controlled drug could be produced.
Imprisonment - 7 years
what does s12 say about use of premises or vehicle? Imprisonment?
Everyone commits an offence against this Act who knowingly permits any premise or mode of conveyance to be used for the purpose of the commission of an offence against this Act.
Class A - 10yrs
Class B - 7yrs
Class C - 3yrs
What does s16 say about obstruction?
Everyone commits an offence under this act who wilfully obstructs, resists, hinders, or deceives any other person in the execution of any power conferred on that person by this Act.
This is different from obstruction under Summary Offences Act 1981.
What does s43 say about possession of prescription medicine (Medicines Act 1981)?
No person shall, without reasonable excuse, import, procure, receive, store, use, or otherwise have in his possession, any prescription medicine.
What are the offences under the Health (Needles and Syringes) Regulations Act 1998?
s11 - offences relating to use or disposal i.e. offers a used needle/syringe, accepts a used needle/syringe, disposes of a needle/syringe in a PP
s12 - offences relating to sale
What must you prove for an offence against s9?
the identity of the suspect and that they cultivated a prohibited plant
who does the burden of proof lie with for a charge of possession of prescription medicine?
the burden of proof that they were lawfully entitled to the medicine lies with the defendant
who is exempt from charges relating to the sale or supply of needles/syringes?
pharmacies, medical practitioners, and authorised representatives of the Health Department.
What are the specific provisions relating to cannabis preparation (s29B)?
- it is for the prosecution to prove that the preparation contains tetrahyrocannabinols
- the preparation shall be deemed to have been produced by subjecting cannabis plant material to some kind of processing
- plant material means the whole or part of the leaf, flower, or stalk of any plant
- it is up to the jury or judge to determine if the preparation is clearly recognisable as plant material by unaided visual inspection
