Drug offences Flashcards
Drugs
What are the types of possession?
Physical possession
- Knowledge and control
Exclusive control and defacto
- Does not have control but has exclusive right or power to place hands on it when he wishes
Joint Possession
- More than one person has legal right
What is the matter of He Kaw Teh and what does it say is required to prove possession (drugs)?
The matter of He Kaw Teh relates to an importation of Heroin in the lining of a suitcase. The matter outlines the mens rea element of possession (knowledge and control).
‘Onus is on the prosecution to prove the accused at the time if having physical control, knew of the existence and nature or the likely existence and nature of the narcotic goods’
What is the matter of Filippetti and what does it say about drug possession?
The matter of Filipetti is where cannabis was located in a shared lounge room. There was not enough evidence to rule out the possibility the drug was in the possession of other occupants, or were in the exclusive physical control of the accused.
Must show accused has exclusive physical control.
What is required to prove by enhanced indoor means in relation to prohibited plant cultivation?
What is the definition of cultivation
1) Occurs inside a building or structure
2) And involves
- Nuture of the plant in nutrient enriched water
- Application of an artificial source or light or heat
- Suspending the plant roots and spraying with nutrient solution
Cultivation
- Sow, scatter or seed
- plant, grow, tend, nurture or harvest
Section 23 - Cultivation
Section 23A - Enhanced indoor means
What are the elements of the offence of ongoing supply?
Section 25A - Offence of supplying prohibited drugs on an ongoing bases
1) On 3 or more separate occasions
2) During any period of 30 consecutive days
3) Supplies a prohibited drug (other than cannabis)
4) For financial or material reward
Section 43 of the Drug Misuse and Trafficking Act 1985 outlines that any plant or substance must be analysed within how many days?
14 days
