Drugs

Question 1

When do you test drugs you have seized?

Answer 1

When the offender pleads not guilty

Question 2

What is presumption to deal?

Answer 2

When you have a certain amount of a drug

0.5 grams of cocaine/heroin
5 grams of methamphetamine
28 grams of cannabis leaf

Question 3

What are the elements of possession of a controlled drug?

Answer 3

Procure
OR
Possess
OR 
Consume
OR
Smoke
OR 
Otherwise use
Any controlled drug

Question 4

How do you prove possession of a controlled drug offence?

Answer 4

Prove the person was in possession of the controlled drug e.g able to exercise some form of control over it

Question 5

What are some common class A,B,C controlled drugs?

Answer 5

Class A: Methamphetamine, Heroin, LSD, Cocaine
Class B: Cannabis resin, Opium, Morphine, MDMA (Ectasy)
Class C: Cannabis leaf, Cannabis seeds, Codeine

Question 6

What are the elements of possession of Instruments in the misuse of drugs Act 1975?

Answer 6

Has in his possession 
Any pipe
OR
Any utensil
For the purposes of the commission of an offence against the Misuse of Drugs Act 1975

Question 7

What are the elements of Permits Use of Premises OR Permits Use of Vehicle?

Answer 7

Knowingly permits
Any premises
OR
Any motor vehicle 
OR
Any other mode of conveyance
To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975

Question 8

What are the elements of cultivation of prohibited plants?

Answer 8

Cultivates

A prohibitive plant

Question 9

What type of drugs does SASA 2012 sections 20-22 allow you to search for?

Answer 9

Class A drugs
Class B drugs except pet hiding or methadone
Class C drugs except Codeine, Secobarbital or Pentobarbital

Question 10

What does 72(1) relate to and what does it tell the court?

Answer 10

You are charging an offender with an attempt

Question 11

Where must an attempt offence be committed?

Answer 11

In a public place

Question 12

What three conditions must apply to get conviction for an attempt?

Answer 12

Intent (Mens rea)

Act (Actus reus)

Proximate

Question 13

When is an attempt physically or factually impossible?

Answer 13

When an attempt is made to commit an offence even though the offence is physically or factually impossible. They are still liable.

Question 14

What is statutory exemption as in Section 28(3)?

Answer 14

Otherwise propensic evidence of the offenders previous convictions for similar offences can be used in court to help secure a conviction

Question 15

What does Found mean?

Answer 15

Peeping or peering or unlawfully on property

Question 16

What does a public place mean?

Answer 16

A place at any material time is open to the public or being used by the

Question 17

What is behaving in a manner from which it can be reasonably inferred?

Answer 17

Carrying out actions which the court can infer the intentions of the offender

Question 18

What is An imprisonable offence?

Answer 18

An offence punishable by imprisonment

Category 2 or greater

Question 19

What are the elements of preparing to commit an imprisonable offence?

Answer 19

Found
In any public place
Behaving in a manner from which it can be reasonably inferred that the person is preparing to commit an imprisonable offence