Drugs Flashcards
If James gives Lucy his drugs for safe keeping only. Who is guilty of possession ?
Both. James for being in control and Lucy for being in physical possession.
What are the 2 special defences that specifically relate to possession of drugs ?
- to prevent another from commuting an offence
- to deliver the drugs to a person lawfully entitled to take custody
If your defence for carrying drugs is delivery. Can you destroy the drugs and still be innocent?
No. If your defence is delivery. Your only option is to deliver.
What is the timing given to destruction of drugs ?
Must be immediate effect. Burying drugs in the hope of decomposition is insufficient.
The 3 general defences for COPSPI are ?
- lack of knowledge of fact.
- belief that they were entitled to possess.
- lack of knowledge of the drug.
Is adding bulking agents production ?
Yes.
If you convert one type of class A drugs into another type of class A drugs is this production ?
Yes.
For production- To establish guilt it is essential to prove that drugs were actually produced. However if a person attempts to produce a controlled drug but fails they may be convicted of… ?
An attempt.
If aaron delivers ingredients to the place of manufacture for drugs to be produced, can he be guilty of being concerned in the production of drugs ?
Yes - as long as he knew what the ingredients were being used for. There must be an active part played.
Definition of supplying controlled drugs has 4 actions of “supply” what are they?
- Supply
- Be concerned in the supply
- Offer to supply
- Be concerned in making an offer to supply…. a controlled drug.
If james looks after joes drugs as a favour, has joe supplied drugs to james ?
No. There is no Benefit for james to look after these drugs as he is only temporarily looking after them. There must be a benefit to that person who is given the drug.
Once james has looked after joes drugs for him, he then gives them back. Is he guilty of supplying drugs?
Yes. As joe will receive a benefit as he can now sell or use the drugs.
If lucy offers james drugs. But in fact it’s talcum powder and james knows its talcum powder. Is this still offering to supply?
Yes. It is not necessary to have the ability to actually supply the controlled drug or the intention to carry it out. The offence is still complete.
There are 2 elements that will make the offence of supplying drugs aggravated, what are they?
- If the offence is committed on or in a school premises.
- the offender uses a courier who is under 18 to deliver a drug or drug relates consideration (money) etc to them or a 3rd party.
To be concerned in supplying drugs the defendant must play an active part. There are 3 elements to this…
1 - an act of either supplying or offering to supply
2 - participation of the defendant
3 - guilty knowledge of the defendant.
PWITS - when is the offence complete ?
At the time the intent is formed.
What 3 actions are giving attention to a plant of cannabis to make it cultivation?
1 - watering
2 - feeding
3 - artificial lighting
For cultivation of cannabis, does the accused have to know that it was cannabis ?
No. It is irrelevant wether the accused knew that it was cannabis or not.
For controlled drugs on premises think PCSO ?
P - production / attempted production of a controlled drug
C - Smoking cannabis or preparing opium
S - supply / attempted supply of a controlled drug
O - Preparing opium for smoking.
For controlled drugs on premises, is it necessary to prove that the occupier/manager was aware exactly what drugs were being produced prepared supplied or smoked?
No. It is only necessary to prove that the occupier/manager was aware that controlled drugs in general were being produced prepared supplied or smoked.
Police enter a property where William is in possession of cannabis. Can the owner/manager of this property be charged with controlled drugs on premises?
No. He must be smoking the cannabis for PCSO to apply.
Travel restriction orders can only be imposed on offenders who have been convicted of ??
- drug trafficking offences
- inciting drug trafficking offences
What is the minimum and maximum duration of a travel restriction order ?
Minimum is 2 years….. no maximum duration set.
If Pablo has a travel restriction order, he is on an internal flight in the UK but it is diverted to an airport outside of the UK. Is he guilty of contravening a travel restriction order ?
Yes. Even if he leaves the UK involuntarily, the offence is still committed. ONLY if they were deported by the home security then they wouldn’t be guilty.
Ghost runs the nightclub and tommy is the manager. Ghost is unaware but tommy is letting customers do cocaine in the toilets as they are spending a lot of money. Who if either commit the offence of being the occupier or manager of a premis and permitting drug use?
Neither. Think PCSO. Production of drugs Smoking cannabis Supplying drugs Smoking opium.
