Drug Offences Misc

Question 1

Exceptions under 6(1)(a)

Answer 1

Part 6 of Schedule 3 not included in paragraph (a).

Question 2

Mistake as to nature of Controlled Drug

Answer 2

Section 29 Misuse of Drugs Act 1975

Not a defence that the defendant did not know the substance in question was a particular controlled drug alleged.

Supply heroin if belief was cocaine.

Question 3

Proving Useable Quantity

Answer 3

Section 29A Misuse of Drugs Act 1975

While quantity of controlled drug must be useable. it is not necessary for Prosecution to prove useable quantity unless defendant raises the fact.

Question 4

Crown must prove Possession

Answer 4

• Knowledge that drug exists
• Knowledge that it is a controlled drug
• Some degree of control over it
• An intention to possess it

Question 5

Proving Intent of Possession

Answer 5

• Offender’s actions, words, admissions
• Circumstantial evidence: packaging, scales, cash tick list
• Statutory presumption under s6(6)

Question 6

Presumptive Amounts for Controlled Drugs

Answer 6

Schedule 5 Misuse of Drugs Act 1975

• Heroin 0.5g
• Cocaine 0.5g
• LSD 2.5mg or 25 flakes, tablets
• Methamphetamine 5g
• MDMA 5g or 100 flakes, tablets
• Cannabis Resin and Extract (oil) 5g
• Cannabis Plant 28g or 100+ cigarettes

Question 7

Possession offences include

Answer 7

• Possession
• Joint Possession
• Attempted Possession