DMTA Flashcards
What does He Kaw Teh say about knowledge and possession of prohibited drugs?
Proving the accused knew of the existence of the goods which were in a suitcase or other container over which he had exclusive physical control.
Willful blindness may be treated as equivalent to knowledge.
R v Fillipetti say what about possession?
Prosecution must prove the possession of a prohibited drug, possession can be exclusive or where multiple people have access can be joint possession.
Does equipment for administering prohibited drug need to have intent for future use?
Yes.
What is the definition of supply?
Sell, distribute, agreeing to supply, offering, or keeping in possession for supply, or sending, forwarding, delivering, or receiving, or authorizing, directing, causing, suffering, permitting, or attempting any of those.
What is the definition of cultivation?
Sow or scatter seeds.
Plant, grow, ten, nurture or harvest.
What is the definition of take part in?
Takes part in, any step, causes any step in the process of cultivation, manufacture, production or supply.
Providing or arranging finances
Provides the premises in which any such step in that process is taken, or suffers, or permits.
What does Section 9 of the drug misuse and trafficking act say?
Offence in this division ie S.9 to S.21 are to be dealt with summarily in the Local Court.
What are the proofs of Section 10?
The accused,
Possessed,
A Prohibited Drug
What does Section 21 of the Drug Misuse and Trafficking Act 1985 say?
Offences in this division, ie S.22 to S.33A are to be dealt with on indictment.
What are the proofs of S.23?
The accused Cultivates or knowingly takes part in cultivation, or supplies or possession A prohibited plant.
What are the proofs of S.25?
A person who supplies or knowingly takes part in supply of a prohibited drug?
What does Section 25A require?
The supply of a prohibited drug on 3 or more occasions within 30 days for a financial or material reward.
What does S.29 say?
Person who has possession above the trafficable quantities is deemed to have the drugs for supply, unless they prove otherwise.
S. 31 talks about what amount of prohibited drug?
Equal to or less than the indictable quantity are table 1 offences. Either Defence or Prosecution can elect.
What does S.30 say about prohibited drug amounts?
Equal to or less than the small quantity are table 2 offences. Only Prosecution can elect.
