DMTA Flashcards
Where can you find list of prohibited drugs?
Schedule 1 DMTA.
Is it a prohibited drug or plant if it’s not on schedule 1?
No
Where are weights listed?
Schedule 1
What are the jurasdictions?
Summary
Table 1
Table 2
Strictly Indictable
Definition of Cannabis leaf?
Any plant or part of a plant of the genus Cannabis by whatever name that plant or part may be called and includes the seed of any such plant. Does not include, Oil Fibre or resin Cannabis Plant
What does Cannabis leaf not include?
- Canabis Oil
- Fibre of any such plant or part from which resin extracted
- cannabis plant
What is a prohibited drug?
Anything not a plant, listed in Sch 1.
What if charge with possess drug under Division 1, part 2 and weight is commercial quantity?
Still summary offence. All offences under Div 1 dealt with Summarily regardless of weight/quantity.
He kaw Teh v The Queen?
Possession must include knowledge.
Pereira v Public Prosecutions
Knowledge must be the only rational inference available - circumstantial cases.
R v Cotterill
He knew he had the substance and that he knew it was a prohibited drug.
R v Dunn
Admissions to wrong drug - need only prove it is a prohibited drug.
Minute Quantities case law?
Williams v The Queen 1978 - Residue etc not an offence.
Forgotten possession case law?
R v Martindale - posession does not depend on the alleged possessor’s powers of memory, nor does possession come and go as memory revives or fails.
Division 2 of Part 2?
Indictable Offences
Carey NSWCCA?
Return of drugs to original owner does not amount to possession for supply. Still liable for possess charge.
Ongoing Supply?
3 or more supplies within 30 days.
Can you charge under s29 (deeming provision)?
No, not an offence section, you rely on the deeming provision for a charge of supply.
What offences does S30 deal with?
Table 2 offences.
What offences does S31 deal with?
Table 1 offences
If the amount of the drug is not more than the small quantity what table is it?
Table 2.
If the ammount of the drug is more than the small quantity but not more than the indictable quantity, what table is it?
Table 1.
Does S25, SUpply relate to prohibted plants?
No.
Is possess prohibited plant summary or indictable?
Indictable.
If drug weight is more than indictable and less than commercial weight?
Table 1 offence as per schedule 1, section 29A Criminal procedure Act.
S10 DMTA?
Possess prohibited drug
S25 DMTA?
Supply prohibited drug
S23 DMTA?
Prohibited plant offences
Possess equiment for self administer current or future use?
Future
Definition of cultivate?
a) sow or scatter the seed produced by the prohibited plant and,
b) plant, grow, tend, nurture or harvest the prohibited plant.
Definition of Supply?
- Sell and distrubute.
- Agreeing to supply
- offering to supply
- keeping or possessing to supply
- sending, forwarding, delivering, receiving for supply.
- Authorising, directing, causing, cuffering, permitting, attempting any of those acts or things.
What type of offence if the amount of drug is more than indictable quantity?
Serious Indictable, unless it is cannabis.
Fillipetti?
Exclusive possesion case law
Possession must include knowledge case law?
He Kaw Teh v Queen
Forgotten possession case law?
Martindale v Queen
Knowledge only rational inference on circumstantial cases case law?
pereira v Queen
Return of drugs to original owner not supply case law?
NSWCCA v Carey
Admission to wrong drug not defence ase law?
R v DUNN
requirement to know item in possession and to know was drug case law?
R v Cotterill
Minute quantities case law?
Williams v Queen.
