Drug Dealing Equipment and Precursors

Question 1

What is the Elements and Section for Supplies, Manufacture or Produces Equipment or Precursor?

Answer 1

Section 12A(1), MODA 1975

• Every person who
• Supplies, Produces or Manufactures
  (a) Any Equipment or Material capable of being used in, or for, the commission of an offence against Section 6(1)(b)
  (b) Any Precursor Substance
• Knowing that Equipment / Precursors etc for Drug Dealing Offence

Question 2

What is the Elements and Section for Possession of Equipment, Material or Precursor?

Answer 2

Section 12A(2), MODA 1975

• Every Person who
• Has in his or her Possession
  (a) Any Equipment or Material capable of being used in, or for, the commission of an offence against Section 6(1)(b)
  (b) Any Precursor Substance
• with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence

Question 3

Section 12A(1) – Supplies equipment / precursors etc
What must the Crown prove?

Answer 3

the Crown must prove three elements:

• that the defendant has supplied, produced or manufactured equipment, material or precursors
• that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• that the defendant knows those items are to be used for such an offence by another person.

Question 4

Define the term Equipment.

Answer 4

The term “equipment” is not defined by statute, but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Question 5

Provide some examples of equipment.

Answer 5

Examples may include: glassware, condensers, heating mantles etc used in the manufacture of methamphetamine; or pots, lights, timers, water pumps etc used in cultivating cannabis.

Question 6

Define Material.

Answer 6

“Material” is also not defined; in practice the term is likely to include anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.

Question 7

Provide examples of Material.

Answer 7

Examples may include: chemicals (other than those classified as precursors); documents providing instructions on the manufacturing or cultivating process; or fertilisers, nutrients etc used in cultivation.

Question 8

Discuss the term Capable of being used.

Answer 8

It must be proved that the items are capable of being used in the process of producing or manufacturing controlled drugs or of cultivating prohibited plants

Question 9

Define the term Precursor Substance.

Answer 9

The word “precursor” means “fore-runner” - something that comes before something else. In this context it refers to a substance that is the starting point in a chemical process that will result in the creation of a new drug.

Question 10

Provide examples of Precursor Substance.

Answer 10

Examples of some of the precursors listed in Schedule 4 are:

• Acetic anhydride (precursor to heroin)
• Lysergic acid (precursor to LSD)
• Ephedrine / pseudoephedrine (precursors to methamphetamine)

Question 11

Define knowing.

Answer 11

Simester and Brookbanks suggest knowing means “knowing or correctly believing’

Question 12

Define the words “to be used.”

Answer 12

The words “to be used” require that the knowledge must relate to offending that will occur in the future.

Question 13

Section 12A(2) – Possession of equipment / precursors etc What must the Crown prove?

Answer 13

the Crown must prove three elements:

• that the defendant has equipment, material or precursors in his possession
• that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• that the defendant has the intention that those items are to be used for such an offence, either by himself or another person.