Drugs

Question 1

what are the points to prove ‘possession’ of a drug?

Answer 1

the defendant has custody or control over the drug i.e. has drugs in pocket.
the defendant has knowledge of the drug being in his control i.e. knows there are drugs in his pocket.
the defendant need not know what the nature of it i.e. does not know what the item he has in his possession is drugs. (even if drugs were in a cigarette packet and the defendant did not know there was drugs inside, the defendant had a belief the cigarette packet contained something - therefore still in possession)
If drug put into someones pocket without their knowledge - no possession

Question 2

what else must be proved for

possession of a drug?

Answer 2

must prove it is a drug

you do not have to show the defendant knew it was a drug

Question 3

what are defence’s to possession of controlled substance?

Answer 3

• knowing or suspecting it is drugs, take possession to prevent another from committing an offence and as soon as possible destroys the drug or delivers it to person lawfully entitled to take custody
• knowing or suspecting it to be a drug takes possession for purpose of as soon as possible delivering to person who is lawfully entitled

Question 4

what does ‘supply’ involve?

Answer 4

transfer of physical control of drug, whereby person receiving derives some benefit from being given the drug (gets to use the drugs, or is paid money for holding the drugs)

Question 5

what does definition of supply show supply involves?

Answer 5

supply or offer to supply controlled drugs, or being in concerned in either supply/offer
- having knowledge of the nature of the enterprise i.e. supply/offer of controlled drugs

Question 6

how can an offer of CD be made?

Answer 6

by words or conduct
whether the accused had the CD in their possession, had access to CD or whether the item in possession was a CD is immaterial
defendant does not have to have any drugs to supply, and could be supplying pretend drugs - still offence

Question 7

what aggravating factors are there for supplying drugs?

Answer 7

• offence committed in vicinity of a school at a relevant time (school in use)
• offender uses a courier under age of 18 to deliver the drugs, or to transfer money or goods

Question 8

what are points to prove with PWITS?

Answer 8

-had a CD in possession
-intended to supply to another (at some point in future)
(does not matter what drug defendant thinks it is)

Question 9

what 3 defence’s does section 28 of MDA allow?

Answer 9

• lack of knowledge by defendant of some fact alleged by prosecution - did not know, suspect, or have reason to suspect a fact
• lack of knowledge about drug e.g. did not know CD not had no reason to suspect to be CD
• a belief held about the drug e.g. given wrong prescribed medication

Question 10

what is the offence involving permitting drug use?

Answer 10

• committed by the occupier or manager of premises
• must knowingly permit or allow
• offences are production, supply, preparing opium for smoking, smoking cannabis, growing cannabis (includes offer/attempts)
• do not need to prove they knew nature of CD, only that they were CD

Question 11

what does Sec 23 MDA allow?

Answer 11

• stop search or any person or vehicle if have reasonable grounds to suspect possession of CD
• warrant to search property, and seize property during search