Drug Dealing Possess for Supply Flashcards
Discuss the components of knowledge.
he components that provide knowledge of existence, and the significance of such knowledge, are discussed in the following case law. They include:
* the defendant must be aware that they possess the substance
* the defendant identifies the substance as a controlled drug, even if there is no substance to be analysed to prove their assertion
* physical custody presumes knowledge, unless otherwise proven.
Discuss knowledge and Intent.
This phrase relates to the illegal intent of the person. In considering whether a person knows the qualities of a substance, you need to establish that they:
* know they have the substance
* know the substance’s nature or qualities (s29 deals with mistaken beliefs)
* intend to use the substance in a way that allows you to charge them with possession.
Discuss Lack of Knowledge.
The case of Police v Rowles discusses the situation in which someone can possess a substance without being aware that they do. A genuine lack of awareness would exclude ‘knowing possession’ and thereby intent.
Discuss Potential possession of drugs.
the things which a person has in his possession include anything subject to his control which is in the custody of another.
Discuss the meaning of control.
To “control” something means to exercise authoritative or dominating influence or command over it.
Discuss what is necessary for the Crown to prove in terms of Possession
In drugs cases it will be necessary for the Crown to prove that the defendant had:
* knowledge that the drug exists
* knowledge that it is a controlled drug
* actual physical control or some degree of control over it
* an intention to possess it
Discuss the meaning for the purpose of supply.
“Purpose” in this context can be equated to “aim” or “intention.”
Discuss the meaning of Joint Possession.
Where more than one person has access to drugs of saleable quantity, they may be charged jointly with possession. However, in such a situation you must prove that there was a shared intention to sell the drugs.
Discuss some examples of drugs and their Presumptive amount
- Heroin - 0.5 grams
- Cocaine - 0.5 grams
- Lysergide (LSD) - 2.5 milligrams or 25 flakes, tablets etc
- Methamphetamine - 5 grams
- MDMA (Ecstasy) - 5 grams or 100 flakes, tablets etc
- Cannabis resin and extract (oil) - 5 grams
- Cannabis plant - 28 grams or 100 or more cigarettes
- Where a controlled drug is not specified in Schedule 5 the presumptive amount for that drug is 56 grams.
Discuss some examples of Class A Controlled Drugs
Class A includes
- Methamphetamine
- Heroin
- LSD
- Cocaine
- Psilocybine (found in magic mushrooms)
Discuss some examples of Class B Controlled Drugs.
Class B includes
- Amphetamine
- Cannabis preparations, such as cannabis oil and hashish
- GHB
- MDMA
- Morphine
- Opium
- Pseudoephedrine
- Ephedrine
Discuss some examples of Class C Controlled Drugs.
Class C includes
- Cannabis plants
- Cannabis seeds
- Benzylpiperazine
- CDA
Discuss Attempted Possession.
It is an offence to attempt to gain possession of a drug, a charge which covers someone obtaining something innocuous in the mistaken belief that it is a drug.
