Drugs 2

Question 1

Offer to supply To any other Person

Answer 1

The prosecution must prove that the drugs were supplied to another person, although it is not necessary to identify that person.

Question 2

In drugs cases additional evidence of intent to supply may be inferred from:

Answer 2

admissions
circumstantial evidence (packaging, scales, cash, tick lists etc)
the statutory presumption under section 6(6)

Question 3

Some examples of drugs and their presumptive amounts are:

Answer 3

Heroin 0.5 grams
Cocaine 0.5 grams
Lysergide (LSD) 2.5 milligrams or 25 flakes, tablets etc
Methamphetamine 5 grams
MDMA (Ecstasy) 5 grams or 100 flakes, tablets etc
Cannabis resin and extract (oil) 5 grams
Cannabis plant 28 grams or 100 or more cigarettes

Question 4

Where a controlled drug is not specified in Schedule 5 the presumptive amount for that drug

Answer 4

is 56 grams

Question 5

Section 6(2A) - Conspiring to deal with controlled drugs Legislation, penalty

Answer 5

Every person who conspires with any other person to commit an offence against subsection (1) of this section commits an offence against this Act and is liable on conviction to imprisonment for a term—

(a) Not exceeding 14 years where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
(b) Not exceeding 10 years where paragraph (a) of this subsection does not apply but a Class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
(c) Not exceeding 7 years in any other case.

Question 6

Section 12A Misuse of Drugs Act 1975

Equipment, material, and substances used in production or cultivation of controlled drugs

Answer 6

Every person commits an offence against this Act who supplies, produces, or manufactures—
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9 ; or
(b) Any precursor substance—
knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.
(2) Every person commits an offence against this Act who has in his or her possession—
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9 ; or
(b) Any precursor substance—
with the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.
(3) Every person who commits an offence against this section is liable on conviction —
(a) In the case of an offence against subsection (1), to imprisonment for a term not exceeding 7 years:
(b) In the case of an offence against subsection (2), to imprisonment for a term not exceeding 5 years.

Question 7

For charges under section 12A(1) the Crown must prove three elements:

Answer 7

• that the defendant has supplied, produced or manufactured equipment, material or precursors
• that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• that the defendant knows those items are to be used for such an offence by another person

Question 8

For charges under section 12A(2) the Crown must prove three elements

Answer 8

• that the defendant has equipment, material or precursors in his possession
• that those items are capable of being used in the production or manufacture of controlled drugs, or the cultivation of prohibited plants
• that the defendant has the intention that those items are to be used for such an offence, either by himself or another person

Question 9

Intent that it is to be used etc

Answer 9

It must be proved that the defendant intended the items to be used some time in the future.
It is not necessary that the defendant intends to use the items himself - it is sufficient if he intends the items to be used by another person.
While it is necessary to prove the defendant’s intention that the items be used in a specified offence, it is not necessary to prove that the offence was actually committed or even attempted

Question 10

Obstruction of officers legislation

Answer 10

Every person commits an offence against this Act who wilfully obstructs, hinders, resists, or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this Act.
The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing anyone who is executing powers pursuant to the Misuse of Drugs Act 1975.

Question 11

The activities that require a surveillance device warrant

Answer 11

1 observation of private activity in private premises and and any recording of that observation by means of a visual surveillance device

2 use of a surveillance device that invloves trespass to land or tresspass to goods

3 observation of private activity in the curtilage of private premise and any recording of that observation, if any part of the observation or recording is by surviellance and the duration of the observations exceeds
3 hours in 24 hr period
8 hours in total

Question 12

Standard of proof required for internal concealment

Answer 12

Reasonable cause to believe

Question 13

What class of drug is required for detainment

Answer 13

Class A or B

Question 14

Who may request detainment for search

Answer 14

Any member of Police or Customs officer

Question 15

Who do they request

Answer 15

District court judge for a detention warrant

Question 16

Detention time limit

Answer 16

7 days - renewable in periods of 7 days to maximum of 21 days

Question 17

What is a Drug dealing offence in terms of surveillance

Answer 17

A drug dealing offence is any offence against s6 of the Misuse of Drugs Act 1975 which involves Class A or B controlled drugs. This means that electronic operations cannot be conducted, under this section, for any offences other than those in s6, and then only if the drugs involved are Class A or Class B controlled drugs.

Question 18

What is a Tracking Device

Answer 18

(a) means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
(i) the location of a thing or a person:
(ii) whether a thing has been opened, tampered with, or in some other way dealt with; but
(b) does not include a vehicle or other means of transport, such as a boat or helicopter

Question 19

Surveillance in this Act includes:

Answer 19

observing, and any recording of that observation, of people, vehicles, places and things;
• ascertaining (tracking) the location of a thing or person, and/or ascertaining whether a thing has been tampered with; or
• intercepting a private communication through the use of a “surveillance device”.

Question 20

What is a serious offence

Answer 20

A serious offence in relation to trespass surveillance is an offence punishable by 7 years imprisonment or more (or against certain sections of the Arms Act).

Question 21

Activities for which a surveillance device warrant is required

Answer 21

(a) use of an interception device to intercept a private communication:
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d) use of a surveillance device that involves trespass to land or trespass to goods:
(e) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.

Question 22

Activities that do not require a warrant

Answer 22

a) the enforcement officer—
(i) being lawfully in private premises; and
(ii) recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
(b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:
(d) activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act.

Question 23

Restrictions on use of Interception device

Answer 23

The Search and Surveillance Act 2012 restricts the use of an interception device, to intercept a private communication, whether or not that communication occurs in private or non-private premises, to obtaining evidential material for serious offences only. These offences are:
• offences punishable by 7 or more years imprisonment
• certain Arms Act 1983 offences.

Question 24

The Search and Surveillance Act 2012 authorises the Police to use a surveillance device without warrant in certain emergency situations listed in section 48 of that Act. These situations are listed

Answer 24

punishable by 14 years imprisonment or more;
• an Arms Act 1983 offence;
• a drug offence (see below);
• likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing;
• presenting risk to life and safety and surveillance is necessary as an emergency response.

Question 25

Criteria for issuing surveillance device warrant

Answer 25

(a) There are reasonable grounds—
(i) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
(ii) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and;
(b) The restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.

Question 26

In situations of emergency, can a tracking device or visual surveillance device be used and for how long

Answer 26

yes, for up to 48 hours

Question 27

If a person is found in possession of a container in which there are controlled drugs, it is a defence to prove they

Answer 27

• had no opportunity or was not legally entitled to examine the contents or
• had no reason to suspect the contents were illicit or
• honestly believed the contents were different in kind to controlled drugs

Question 28

You can search a person only

Answer 28

• when executing a search warrant under s6 of S&S act
• when conducting a warrantless search of a place or vehicle and a person was found in the place or vehicle
• when exercising a warrantless search power under s22
• during the course of a delivery in relation to which a customs officer has exercised their power
• when exercising a warrantless search power incidental to arrest
• consent search

Question 29

R v Brown

Answer 29

the making of such an intimidation, with the intention that it should be understood as a genuine offer, is an offence

Question 30

For the Purpose of supply what does ‘purpose stand for

Answer 30

Purpose in this context can be equated to aim or intention

Question 31

Section 7 MDA 1975

Answer 31

no person shall

(a) procure or have in his possession or consume smoke or otherwise use and controlled drug, or
(b) supply or adminisiter or offer to supply or administer any Class C controlled drug to any other person or otherwise deal in any such controlled drug