Drugs Flashcards
Define cannabis leaf
Section 3 drug misuse and trafficking act means any plant or part of a planet of the genus cannabis by whatever name that plant or part may be called and includes the achene and seed of any such plant but does not include:
A) cannabis oil
B) any fibre of any such plant or part from which the resin has been extracted or
C) cannabis plant
Define cultivate
Section 3 drug misuse and trafficking act
Cultivate in relation to a prohibited plant includes a) sow scatter the seed produced by the prohibited plant and
B) plant, grow, tend, nurture or harvest the prohibited plant
Define supply
Section 3 drug misuse and trafficking act
Supply includes sell and distribute and also includes agreeing to supply or offering to supply or keeping or having in possession for supply or sending forwarding delivering or receiving for supply or authorising direction causing suffering permitting or attempting any of those acts
What is a DDU?
A discrete dosage unit. And refers to an amount of prohibited drug not greater then the amount if any in column 6 of schedule 1 which is prepare or apparently prepared for the purpose of being administered as a single dose
Section 3 drug misuse and trafficking act
Define use and administer
Section 5 drug misuse and trafficking act means a reference to the ingestion, injection, inhalation of prohibits drug, the smoking of a prohibited drug, the inhalation of fumes caused by the hearing and burning of a prohibited drug and any other means of introducing a prohibited drug into the body of a person.
What is meant by cultivating a prohibited plant for a commercial purpose?
S23A drug misuse and trafficking act defines it as cultivating the plant a) with the intention of selling it or any of its products or
B) with the belief that another person intends to sell it or any of its products
Is watering a cannabis plant an offence?
Yes. R v Kirkwood held that it is sufficient to constitute the cultivating a prohibited plant that a person watered a plant so as to promote its growth. There was no suggestion that the engagement was other then for watering plants
What are the elements of the offence of possess prohibited drug?
R v Cottrell: police must establish that the substance was in their possession and the substance is a prohibited drug.
What is the possession?
Possession = knowledge and control (he kaw teh v the queen 1985)
What is important about he kaw teh v the queen?
It’s the leading authority on possession. Held: possession connotes knowledge in the existence of the thing possessed. In charges involving the possession of drugs prosecution bear the onus of providing that the accused knew of the existence of the foods which were in a suitcase or other container over which he had exclusive physical control.
If the suspicions of an incoming traveler are aroused and he deliberately refrains from making inquiries for fear he may learn the truth his wilful blindness may be treated as an equivalent to knowledge.
What is important about he kaw teh v the queen?
It’s the leading authority on possession. Held: possession connotes knowledge in the existence of the thing possessed. In charges involving the possession of drugs prosecution bear the onus of providing that the accused knew of the existence of the foods which were in a suitcase or other container over which he had exclusive physical control.
If the suspicions of an incoming traveler are aroused and he deliberately refrains from making inquiries for fear he may learn the truth his wilful blindness may be treated as an equivalent to knowledge.
What is important about he kaw teh v the queen?
It’s the leading authority on possession. Held: possession connotes knowledge in the existence of the thing possessed. In charges involving the possession of drugs prosecution bear the onus of providing that the accused knew of the existence of the foods which were in a suitcase or other container over which he had exclusive physical control.
If the suspicions of an incoming traveler are aroused and he deliberately refrains from making inquiries for fear he may learn the truth his wilful blindness may be treated as an equivalent to knowledge.
Do you have to prove knowledge that it was a particular drug?
No. R v Dunn 1988. If an offence of being in possession of a prohibited drug it is sufficient that the crow establishes the accused had in his possession a prohibited drug and that he knew or believed the thing which he had in possession was a prohibited drug. It is not necessary to establish that be knew it was a prohibited drug of the kind charged.
Do you need to prove exclusive possession.
You need to prove knowledge of the possession. r v fillepetti required exclusive possession because no knowledge was admitted and there was insufficient evidence to enable the jury to rule out the possibility that the buddha sticks were in the possession of one of the other occupants or enough evidence to conclude beyond reasonable doubt that the buddha sticks in the chair were in the exclusive control of the applicant.
What if you forget you had a drug in your possession?
Irrelevant had knowledge at the time of placing the drug in the location. R v Martindale held that possession does not depend on the alleged possesses powers of memory nor does possession come and go as memory revives or fails
How long does the person have to have possession for what if it was momentary?
Momentary physical control over a drug for the purpose of concealment can constitute possession in law e.g. drugs on kitchen table r v Todd and buddha sticks on verandah r v Thomas
What if they deny knowledge how can you prove it.
Pereira v public prosecution’s (1988) the question is knowledge of the accused not a hypothetical person. Prosecution must establish that from the circumstances surrounding the commission of the alleged offence, knowledge must be the only rationale inference available.
This is for wilful blindness as well
