Dealing Offences

Question 1

Section 6(2) Maximum terms of imprisonment for Class A, B and C offences

Answer 1

(a) Class A - Life imprisonment
(b) Class B - 14 years imprisonment
(c) Class C - 8 years

Question 2

Section 6(2A) Conspires to deal maximum penalties

Answer 2

(a) Class A - 14 years
(b) Class B - 10 years
(c) Class C - 7 years

Question 3

Men’s rea of importing

Answer 3

Must prove the defendant
- Knew about the importation
- Knew the imported substance was a controlled drug
- Intended to cause the importation

Question 4

Risk of harm to individuals and society categories

Answer 4

Class A - Very high risk
Class B - High risk
Class C - Moderate

Question 5

Section 29 - Mistake as to nature of drug

Answer 5

It is not a defense that the defendant did not know the substance in question was the particular controlled drug, so long as they thought is was drugs

Question 6

Section 29A - Proving usable quantity

Answer 6

While necessary the controlled drug he of a usable amount, it’s not necessary to prove unless the defendant raises the issue

Question 7

When is a 6(1)(b) offence complete

Answer 7

Once the prohibited substance is created, whether or not it is in a usable form.

Question 8

Section 29B - Cannabis preparations

Answer 8

Produced by subjecting cannabis plant to some kind or processing rendering it unrecognizable. For the prosecution to prove the preparation contain THC

Question 9

When is distribution complete

Answer 9

When the defendant has done all that is necessary to accomplish delivery of the drug to others

Question 10

When is giving complete

Answer 10

When the recipient accepts possession, or where the drug is placed under the control of a willing participant.

Question 11

Section 6(5) relating to section 6(1)(e)

Answer 11

Until the contrary is proved, it is deemed that a person that has been proven to have supplied a drug to a person 18+ years, has sold the controlled drug to that person

Question 12

What must be proved where there is joint possession

Answer 12

A shared intention to sell the drugs

Question 13

Attempted possession - mistaken belief

Answer 13

It is an offence to attempt to gain possession of a drug, even if their belief that what was obtained was actually a drug was mistaken

Question 14

What must you prove for possession

Answer 14

Knowledge the drug exists
Knowledge it’s a controlled drug
Actual physical control or some degree of control over it
An intention to possess it

Question 15

Evidence of intent to supply

Answer 15

• Admissions
• circumstantial (packaging, scales, cash)
• The statutory presumption

Question 16

Section 5 - Presumptive amounts

Answer 16

Heroin = 0.5grams
Cocaine = 0.5g
LSD = 2.5 milligrams or 25 tabs
Meth = 5 grams
MDMA = 5 grams or 100 tablets
Cannabis resin and oil = 5 grams
Cannabis = 28 grams or 100+ tinnies
Not specified = 56g

Question 17

Section 12A - equipment-precursors

Answer 17

Offence for supplying, producing or manufacturing any equipment or material or precursors, or possessing such items, capable of being used in the commission of an offence against s6(1)(b)

Question 18

S12A(2) - Possession of equipment/material/precursors

Answer 18

Moore v Police
It must be proved that the defendant intended the items to be used for an offence some time in the future by him or another person