Drugs

Question 1

What is a minute quantity and can you charge?

Answer 1

You cannot charge if the amount of drug is not enough to smoke or injested or absorbed

Question 2

What is the Hamzy Principal?

Answer 2

Numerous occurrences of an offence such as supply probhited drugs can be included in a single indictment over a period of time. This increases the criminality. It can be applied to another offences.

Question 3

What section 25A of the DM-and-TA?

Answer 3

On going supply. 
- The supply of a prohibited drug 3 or more times,
 - Within a consecutive 30 days,
-  For financial or material reward. 
(Can't be cannabis)

20years

Question 4

In accordance with Section 23 (1) of the Drugs Misuse and Trafficking act; what are the proofs of CULTIVATE PROHIBITED PLANT?

Answer 4

Cultivate prohibited plant;

A person who;

a) Cultivates, or knowingly takes part in the cultivation of, a prohibited plant,
b) Supplies or knowingly takes part in the supply of prohibited plant,
c) Has a prohibited plant in his possession, is guilty of an offence.

Question 5

Describe the case law result regarding FILIPETTI?

Answer 5

Case law; which indicates the accused required exclusive physical control to be convicted of a prohibited drug.

Question 6

Describe the case law result regarding HE KAW TAY.

Answer 6

Case law; which states the accused MUST KNOW THE EXISTENCE or THE LIKELY EXISTENCE and nature of the narcotic goods.

Onus is on the prosecution to prove the accused had this at the time of having physical control.

Question 7

What is required to be proven to prove possession of a prohibited drug.

Answer 7

Knew the existence and nature or likely nature of.

He kaw teh

Question 8

What are the elements and section of possess prohibited drug?

Answer 8

Section 10.

• The accused
• Did possess
• A prohibited drug

Question 9

What is section 25 of Drugs Misuse and Trafficking act and what are the proofs?

Answer 9

Supply prohibited drug

• The accused
• Did supply
• A prohibited drug.

Question 10

To satisfy ‘Cultivation’ with regards to a prohibited plant; what must there be evidence of?

Answer 10

• Involves the sowing of seeds
• Planting, growing, tending to, nurture, watering
• Harvesting of prohibited plant.

Question 11

What is the Definition and Extended Definition of Supply prohibited drug?

Answer 11

Supply;
DEFINITION
-Includes sell and distribute, agree to supply, offer to supply, keeping or having in possession to supply, keeping or having in possession to supply, delivering or receiving for supply, or authorising, directing, causing suffering, permitting or attempting any of those acts or things.

EXTENDED DEFINTION
- Intention required; The suspects intention that the offer to be regarded as genuine by the person receiving the offer.