Drug questions Flashcards
Describe how the term ‘usable amount’ relates to the possession of controlled drugs and identify the relevant case law
Case law Police v Emerali
The quantity of the drug must be usable in the sense that minute and useless residues are not held to be capable of being possessed although a very small quantity can be possessed if it is rendered usable by addition to other quantities of drug.
It shall not be necessary for the prosecution to prove that the amount of the controlled drug in the defendants position was of a usable quantity unless the defendant puts the matter in issue. In judge alone proceedings for possession of any controlled drug it is for the defence to raise the issue of whether the quantity of the drug was a usable quantity.
What must the crown demonstrate an order to prove that the defendant was in possession of a controlled drug?
Knowledge that the drug exists
Knowledge that it is a controlled drug
Some degree of control over it
An intention to possess it
When is the manufacturing or production of a controlled drug complete?
The offence is complete once the prohibited substance is created, whether or not it is in a usable form.
For example in R v Rua, methamphetamine in suspension in a two layered liquid, although not capable of being used in that state was held to have been manufactured.
Proving that the defendant was in possession of a presumptive amount of a controlled drug may not be enough to secure a conviction for an offence against section 61F of the misuse of drugs act 1975
What other types of evidence may help secure a conviction?
In drug cases additional evidence of intent to supply my be inferred from
Admissions
Circumstantial evidence
The statutory presumption under section 6(6)
Jill and John are in a rock solid relationship held together by their constant drugtaking. One night John comes home and offers Jill some meth that he has with him. Jill willing accepts the meth and they spend the next hour getting fried.
Identify the act and section for this scenario. List the elements of the offence to be proven and briefly discuss how they relate to the scenario.
Supplying a Class A Controlled Drug
Section 6(1)(c) MODA75
Supplies
Any class A controlled drug
To any person
Supplies
John has supplied meth to Jill. supply includes to distribute give and sell. Supply in this instance is that the product is offered to and accepted by Jill. It can be inferred by the circumstances that the meth was given to Jill.
Any Class A controlled drug
Meth is a class A controlled drug as specified in schedule 1 of the MODA75
To any person
Jill is a person other than John
Wayne a local mob member needs to come up with some quick money to pay off a drug debt of $3000. He hits up his mate J dog and they come up with a plan to rob the local dairy. J dog takes some methamphetamine to provide him some courage and take the edge off his nerves. They get their gear, jump in the car and head towards the dairy. On the way they see one of the prospect boys wagging school. Wayne tells J dog to stop the car and he gives the boy two tinnies. Wayne says “here boy, for the weekend. Wayne does not realise the boy is 16. Wayno and J dog drive off. J dog is so fried he crashes the car into a tree and they never make it to the Dairy
Section 6(1)(d) MODA75
Supply
Class C controlled drug
To a person under 18 years of age
Jason is short of cash so he decides to put his university chemistry degree to work. He gathers precursor chemicals such as toluene, iodine. red phosphorus and hydrochloric acid together and commits a burglary at his local pharmacy to obtain pseudoephedrine.
Jason uses lab equipment in his garage to process the precursor chemicals into the appropriate form, then puts them together in a Parr bomb to allow a chemical reaction to take place. At the end of the successful process Jason has a large amount of methamphetamine in the Parr bomb.
Section 6(1)(b) MODA75
Manufactures
Any controlled drug
Rachel rents a storage unit at Kapiti self storage. In her storage unit she has a large quantity of ecstasy tablets. Rachel has been trying to sell the tablets in bulk to various associates but as yet she has been unable to find someone willing to pay the price she wants.
Section 6(1)(c) MODA75
Offer to supply
Any class b controlled drug
To any other person
Or
Section 6(1)(f) MODA75
Has in his possession
Any controlled drug
For any purpose set out in paragraphs (c) (d) (e) or section 6(1) MODA75
Mike who is 40 years old is at a party he sees Dave who he went to school with. Mike and Dave start chatting. During their conversation Mike tells Dave about some awesome weed that he smoked recently. Mike tells Dave that he can get some more without a problem. Mike says that the price would be the normal $20 for a tinny and asked Dave if he’d like him to get him some. Dave says he’s not interested.
Section 6(1)(e) MODA75
Offer to sell
Any class C controlled drug
To any person of or over 18 years of age
