Drugs Flashcards

1
Q

what is prescribed belief

A

Prescribed belief means a reasonable belief that a controlled substance or other thing in relation to which an offence under this Act has been committed is –

(a) in the possession of a person in any place; or
(b) on or in a conveyance in any place; or
(c) on an animal in any place.

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2
Q

what are the police powers

A

NEED PRESCRIBE BELIEF

Detain and search person

search the relevant conveyance or animal

seize controlled substance

seize relevant conveyance or animal

seize anything that may be evidence under this act - eg scales

POA -

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3
Q

police powers - private premises

A

‘Prescribed belief’ does not apply to entering a private premises unless the police officer forms the prescribed belief only after having lawfully entered the premises.

This is to only seize what is in view. Forming a prescribed belief does NOT give you the power to search throughout a private premises (drawers, cupboards, other rooms etc).

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4
Q

What is the 3in3 rule - IDDI

A

No more than three drug cautions/diversions in a three-year period (3-in-3 rule)

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5
Q

Conceal definition

A

conceal, in relation to something, includes conceal or disguise –

(a) its source or nature; or
(b) its location or movement; or
(c) the rights of any person in relation to 	it; or
(d) the identity of its owner
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6
Q

What does traffic mean

A

(a) sell the substance
(b) prepare the substance for supply with the intention of selling it or in the belief that another person intends to sell it
(c) transport the substance with the intention of selling it or in the belief that another person intends to sell it
(d) guard or conceal the substance with the intention of selling it or in the belief that another person intends to sell it
(e) possess the substance with the intention of selling it
(f) import the substance into Tasmania with the intention of selling it or in the belief that another person intends to sell it
transport includes to deliver.

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7
Q

Difference between controlled plant product and controlled plant

A

controlled plant - root ball

controlled plant product - no root ball. Just leaf and bud

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8
Q

methamphetamine TQ

A

20 individual packets or 25grams

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9
Q

Cocaine TQ

A

20 individual packets or 25grams

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10
Q

Cannabis TQ

A

Not oil/resin - 1kg
individual packets- 20 packets
plants (root ball) - 20 plants
oil/resin - 25gram

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11
Q

MDMA TQ

A

10grams

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12
Q

Aggregated trafficable quantity

A
  • More than 100% - trafficable
    • Less than 100% - controlled drug
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13
Q

What are the required questions

A

What is your full name?
What is your address?
Who did you get it from?
Where did you get it from?

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14
Q

How do you get an offender to acknowledge a WROI

A

Get the Offender to sign the bottom of EACH PAGE in your notebook

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15
Q

What are the stat of limitations

A

Minor offences – 2 years
Major offences – unlimited (ie. Trafficking in a controlled substance)

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