Drug Misuse And Trafficking Act

Question 1

What is R v Dunn discuss?

Answer 1

The Crown only need prove that the accused had in his possession a prohibited drug. It is not necessary to establish that he knew that it was a prohibited drug of the kind charged.

Question 2

Where do you find the drugs and quantities in the Act?

Answer 2

Schedule 1

Question 3

What does section 43 of the Act cover?

Answer 3

Analyst Certificate is Prima facie. Do not need an expert certificate

Question 4

What is Moors v Burke about?

Answer 4

It states it doesn’t have to be in someone’s physical possession to have possession. It could be locked in a locker, it must be somewhere that they exclude others from. “Actual possession does not have to be in the present manual custody of the defendant, but can be stored elsewhere as long as the exclusion of all others” “has exclusive right or power to place hands on it”

Question 5

What is R v Fillipetti about?

Answer 5

If multiple people have access/possession of the drug, you cannot prove beyond reasonable doubt who was in possession. You must be able to exclude all others.

Question 6

Scicluna v R is about what?

Answer 6

Drugs located in a bed side draw, it was inconceivable that an occupant of the bedroom would not have knowledge of what was in the bed side draw.

Question 7

What does Williams v The Queen state about minute quantities of drugs?

Answer 7

The drug must be seen collected and weighed. Also used.

Question 8

If an item comes into your possession briefly, can it constitute an offence as per principle in R v Todd?

Answer 8

No, it is not just brief/momentary possession, you must also have knowledge

Question 9

Where do you find the definition of supply?

Answer 9

Section 3 of DMTA

Question 10

What is the definition of supply?

Answer 10

Sell, distribute, agreeing to supply, offering, keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale or on sale,

or authorising, directing, causing, suffering, permitting or attempting any of those acts or things.

Question 11

What does sell mean?

Answer 11

Dealing in, agreeing to sell, or offering or exposing for sale, or keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale.

Question 12

Where do you find the traffickable quantity?

Answer 12

Column 1 of Schedule 1

Question 13

What is the admixture rule?

Answer 13

What ever the drug is mixed with will be the weight of the drug. So baking soda with cocaine

Question 14

An offence under part 2, division 1 of the DMTA is deemed to be a what?

Answer 14

A summary offence as per section 9. Therefore there is a statute of limitations as per section 179 of the CPA.

Question 15

What section would you find the penalty for an offence under part 2, division 1?

Answer 15

Under section 21.

Question 16

What is the value of a penalty unit and where would you find that legislated?

Answer 16

It is $110 and under section 17 of the Crimes (Sentencing Procedure) Act

Question 17

What does He Kaw Teh v The Queen state?

Answer 17

That you must have knowledge and be in possession of a drug to be guilty of the offence. You cannot just have one.

Question 18

What do you need to prove for an offence under section 11 (possession of equipment for admin)?

Answer 18

Proof of intent for future use.

Question 19

What section is supply under?

Answer 19

Section 25

Question 20

R v Brown states what about an offer to supply fake drugs?

Answer 20

You will be guilty of an offence if you believed you were purchasing drugs. Even if an analysis reveals that it was not a drug

Question 21

What section of the act is the deeming provision?

Answer 21

Section 29. Do not charge under this.

Question 22

For a deemed supply offence is it sufficient to just have the traffickable quantity of drugs in your possession?

Answer 22

No, there must be some other indicia of supply. Baggies, scales etc

Question 23

What is Carey v NSWCCA say about a supply to the owner of the drugs?

Answer 23

It will not be a supply if someone who is holding drugs for another returns them to their rightful owner.

Question 24

What is a section 25A offence?

Answer 24

An ongoing supply on more than three occasions within 30 consecutive days.

Question 25

What does section 40 state?

Answer 25

For purpose of supply if you believe or purport it to be a drug then you are guilty of supplying that drug

Question 26

What is the Hamzy principle?

Answer 26

You can prosecute a supply prohibited drug case on an indictment that alleged a single count of supply between dates where several acts where committed in the course of an ongoing criminal enterprise.

Question 27

R v Kirkwood?

Answer 27

Watering a plant can constitute cultivation

Question 28

What is the definition of cultivate?

Answer 28

In regards to prohibited plants:

(a) sow or scatter the seed produced by the prohibited plant, and
(b) plant, grow, tend, nurture or harvest the prohibited plant.

Question 29

Define cannabis leaf?

Answer 29

means any plant or part of a plant of the genus Cannabis includesthe achene and seed

does not include:

(a) cannabis oil,
(b) any fibre of any such plant or part from which the resin has been extracted, or
(c) cannabis plant

Question 30

Is forgetting a prohibited drug is in a specific place a defence?

Answer 30

No, R V Martindale (forgotten possession)

Question 31

Explain s29

Answer 31

S29 is a deeming provision. Drug weights of trafficable amount and over is taken for supply. Mechanical section only, not offence creating section.

Question 32

Momentary possession in R V Thomas?

Answer 32

Somebody yelled out “Police”. Deft thew drugs off balcony which were owned by another person. Deft had knowledge of drugs. Possession was proved.