Drugs Flashcards

1
Q

Drugs -possession

when considering possession alone what do you need to prove it?

A

Physical control of it (i.e on person or in house where they live)
And
Knowledge of its presence (need to know about it)

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2
Q

Drugs possession

Example

Physical control of it (i.e on person or in house where they live)
And
Knowledge of its presence (need to know about it)

Examples…

X keeps drugs under his bed. Whilst x is out of house does he have possession of the drugs?

A

Yes.
Has physical control of the drugs at his home address and
Knows about them

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3
Q

Drugs possession example

X arranges for drug dealer to send him tablets by post. Post arrives. X is out. Tablets posted through letterbox. Possession?

A

Yes.
Whilst x doesn’t know they have arrived , he has requested them.
And it is his house (control)

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4
Q

possession example.

Someone hides drugs in X’s house without x knowing. Possession?

A

No.

X does not know they are there. So does not know they have control of it.

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5
Q

Drugs possession example.

X has headache and picks up tablets he thinks are asprin rom housemates bedside table and takes them to work with him. they are in fact ecstacy tablets. Possession?

A

Yes.

Knows has possesion of the tablets.
and has control of them.
tough luck!

Irrelevant that he doesn’t know they are ecstasy. It is the knowledge that he has possession/control of something
(same if someone put a wrap in a cig packet and asked someone to look after the cig packet… knows he has the cig packet and knows it contains something even though he thinks its just cigs )

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6
Q

Possession…

Issue re quantity…

A

If the quantity is visible tangible and measurable it can be possessed.

If it is too small to know about it then it cannot be possessed.

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7
Q

So to have possession of a controlled drug

You need to prove ‘possession’ AND that the def knows he is in possession of something which is a controlled substance

A

.

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8
Q

Pwits.

Does drug paraphernalia prove an intent to supply?

A

No.

Need more… i.e money / bank evidence of cash deposits accross different accounts

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9
Q

Pwits.

3 ways to commit the offence?

A

To Supply or offer to supply drugs

To be concerned in the supply of drugs

To be concerned in the making to another of an offer to supply

‘To be concerned’ means to provide some kind of identifiable assistance such as telephoning a contact etc

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10
Q

Supply…

Must be for a benefit/gain…

A

X has a controlled drug

X hands the drug to Y

Does Y benefit from this?
If yes = supply
If no = no supply

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11
Q

When an OFFER is MADE to supply drugs, the offence is complete.

A

It doesnt matter whether the defendant acrually has got any drugs

It doesnt matter if the defendant intends to carry out the offer or not

It doesn’t matter who the offer is made to.

THE ONLY THING THAT MATTERS IS THAT THE OFFER WAS MADE!

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12
Q

S5 defence to POSSESSING a controlled substance

A

When someone has taken possession of the drugs to prevent another from committing an offence with it (i.e possession)

This defence only applies to POSSESSION (not supply or any other offence)

E.g
When teacher or parent finds child in possession of cannabis or something which appears to be a controlled drug.. providing that person takes all reasonable steps to either:
Destroy it or
Take it to someone lawfully entitled to posses it (police stn) AS SOON AS POSSIBLE after taking possession of it

Then they can use the s5 defence.

Same applies to if someone finds what they beleive to be a drug. If they take possesion solely to take it to police. Defendant must prove this was their intention at time of taking possession. Will not be defence to supplying!

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13
Q

S28 defence to possession

A

S28 defence… allows for where defendant did not KNOW, SUSPECT, HAVE REASON TO SUSPECT that he had possesion if something which was a drug or supplied something which was a drug…

I.e
X stopped by Y who asks X to drop off a letter for him in exchange for £10.
The letter has drugs inside.
X doesnt know the letter contains drugs.
X agrees to deliver it and Takes the letter.
X knows he has possession if the letter and that it has something inside it = possession

HOWEVER S28 allows for X to show he neither knew or suspected that the envelope contained a drug not that he was suppying it to another.

If X knew Y was a drug dealer or he was offered a disproportionate reward for delivering it (say £1000!) then he may not be able to use this defence.

The test for ‘reason to suspect’ is an objective one.
If X was too intoxicated to see the reason to suspect then this defence will not apply.

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14
Q

Travel restriction orders

Criminal justice and police act 2001

A

Allows courts to impose travel restrictions on offenders convicted of drug trafficking offences (and had sentence of 4 years or more).

Restriction orders prohibit offenders from leaving uk at any time from beginning of their release from custody up to end of fixed period -minimum of 2 years, no maximum period

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15
Q

S23 drugs search warrant

How long does it last?

A

1mth from date of issue

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16
Q

Does s23 drugs warrant allow.for search of people as well as premises?

A

Only if it specifies that it includes people.
If it specifies people are to be included then officers can restrict the movement of people in the premises to allow the search to be conducted properly.

If it says premises only then people found on the premises cannot be searched under the power of the warrant (officers would have to point to some other .power to search the persons as appropriate)

17
Q

Cannabis

Class?

What is included in the meaning of cannabis?

A

Class B

Cannabis means any plant or part of the plant.

It does NOT include cannabis resin or any of the following after seperation from the rest of the plant:

Mature stalk of the plant
Fibre produced from mature stalk
Seed of any such plant

Cannabis can also be:
Cannabis
Cannabis bush
Cannabis oil
Cannibinol & its derivatives
Any preparations or product containing these substances
18
Q

Class A B C drugs

A
Class  A:
heroin (diamorphine)
Methodone
Cocaine
Lsd
Ecstasy 
MDMA
Crystal meth
Magic mushrooms
Class B:
Cannabis
Cannabis  resin
codeine
ketamin
ritalin

Class C:
Valium (diazepam)
Khat (leaves, stems, shoots of the plant)
GHB

19
Q

Drug offences

S5 possession controlled drug
S5(3) possession with intent to supply

S4(2) producing controlled drug
S4(3) supplying controlled drug

S6 cultivation of cannabis

S9 supplying articles for administering or preparing controlled drugs

A

.