Dealing Offences Flashcards
Mens Rea of Importing
Crown must prove the defendant:
- Knew about the importation AND
- Knew the imported substance was a controlled drug AND
- Intended to cause the importation
Wilful Blindness
In terms of proving guilty knowledge, proof that the defendant deliberately turned a blind eye to the facts will suffice.
R v MARTIN - it will suffice if Crown can prove beyond reasonable doubt that the accused had her suspicions aroused as to what she was carrying, but deliberately refrained from making further enquiries or confirming her suspicion because she wanted to remain in ignorance.
Guilty Knowledge
Although the defendant must know that the substance was a controlled drug, it is not necessary for the Crown to prove such knowledge; guilty knowledge will be presumed in the absence of evidence to the contrary. It is therefore up to the defendant to raise reasonable doubt as to their state of mind.
Mistake as to nature of controlled drug
While guilty knowledge is an essential element, section 29 provides that it is not a defence that the defendant did not know that the substance in question was the particular controlled drug alleged.
E.g. it would not be a defence to a charge of supplying heroin if the defendant believed the drug he had supplied was in fact cocaine.
Cannabis Preparations
S 29B
A cannabis preparation is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material, e.g. producing cannabis oil or baking a cannabis cake.
Prosecution proves that the preparation contains tetrahydrocannabinols.
Upgrades Class C to Class B.
Supply
Includes give, distribute, sell
Involves more than just handing over; it includes conferring on the recipient the ability to use the drugs for his or her own purposes.
R v MAGINNIS
Distribution
Relates to the supply of drugs to multiple people.
R v DONALD - supply includes the distribution of jointly owned property between co-owners.
Distribution is complete when the defendant has done all that is necessary to accomplish delivery of the drug to others.
Produce/Manufacture
When is the offence complete?
The offence is complete once the prohibited substance is created, whether or not it is in a usable form.
R v Rua: meth suspended in a two-layered liquid was found to have been manufactured, even though it was not usable.
Giving
Handing over or in some other way transferring an item to another person.
Complete when recipient accepts possession, or where the drug is placed under the control of a willing participant.
Can occur without an active transfer, e.g. where a person passively permits another to help themselves to a cache of drugs.
Selling
Sale occurs when a quantity or share in a drug is exchanged for some valuable consideration.
Commonly money, but anything of value will suffice (e.g. real estate).
Administering
To direct and cause a drug to be taken into the system of another person.
