Drug Misuse And Trafficking Act Flashcards
What is R v Dunn discuss?
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.
Where do you find the drugs and quantities in the Act?
Schedule 1
What does section 43 of the Act cover?
Analyst Certificate is Prima facie. Do not need an expert certificate
What is Moors v Burke about?
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”
What is R v Fillipetti about?
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.
Scicluna v R is about what?
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.
What does Williams v The Queen state about minute quantities of drugs?
The drug must be seen collected and weighed. Also used.
If an item comes into your possession briefly, can it constitute an offence as per principle in R v Todd?
No, it is not just brief/momentary possession, you must also have knowledge
Where do you find the definition of supply?
Section 3 of DMTA
What is the definition of supply?
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.
What does sell mean?
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.
Where do you find the traffickable quantity?
Column 1 of Schedule 1
What is the admixture rule?
What ever the drug is mixed with will be the weight of the drug. So baking soda with cocaine
An offence under part 2, division 1 of the DMTA is deemed to be a what?
A summary offence as per section 9. Therefore there is a statute of limitations as per section 179 of the CPA.
What section would you find the penalty for an offence under part 2, division 1?
Under section 21.
What is the value of a penalty unit and where would you find that legislated?
It is $110 and under section 17 of the Crimes (Sentencing Procedure) Act
What does He Kaw Teh v The Queen state?
That you must have knowledge and be in possession of a drug to be guilty of the offence. You cannot just have one.
What do you need to prove for an offence under section 11 (possession of equipment for admin)?
Proof of intent for future use.
What section is supply under?
Section 25
R v Brown states what about an offer to supply fake drugs?
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
What section of the act is the deeming provision?
Section 29. Do not charge under this.
For a deemed supply offence is it sufficient to just have the traffickable quantity of drugs in your possession?
No, there must be some other indicia of supply. Baggies, scales etc
What is Carey v NSWCCA say about a supply to the owner of the drugs?
It will not be a supply if someone who is holding drugs for another returns them to their rightful owner.
What is a section 25A offence?
An ongoing supply on more than three occasions within 30 consecutive days.
