Drugs of Dependance Flashcards
Definition of DOD
A substance that is specified in schedule 11 of the DPCSA
Definition of traffick
Prepare a DOD for trafficking, manufacture a DOD or sell, exchange, agree to sell, offer for sale or have in possession for sale, a DOD
Definition of possession
to be in the possession of a person so long as it is upon any land or premise occupied by him or is used, enjoyed or controlled by him in any place whatsoever, unless the person satifies the court to the contrary.
Definition of use
Smoke a DOD, inhale the fumes caused by heating or burning a DOD or introduce a DOD into the body of a person
S82 DPCSA Power to search for DOD
PSO od dp
A PSO may search for a DOD in respect of which an offence has been or is reasonibly suspected to have been committed provided the PSO reasonably suspects that the drug of dependance may be located in one of the following
Is in possession of a person in a public place
Is on or in a vehicle that is in or upon a public place
Is on an animal in a public place
The person being searched must be at or in the vac of the dp
S71AC DPCSA Trafficking in DOD
A person who, without being authorised by or licencsed under this Act or regulations to do so, trafficks or attempts to traffick in a DOD is guilty of an I/O
Trafficking in DOD points of proof
Identity
Traffick or attempt to traffick
DOD
S73 DPCSA Possession of a DOD
A person who, without being authorised by or licensed under this act or regulations to do so has or attempts to have in his possession a DOD is guilty of an I/O
DOD possession points of proof
Identity
Possessed/ attempted to possess
DOD
S75 use a DOD
A peron who, without being authorised by or licensed under this act or regulations to do so uses or attempts to use a DOD is guilty of an offence against this act.
Use of a DOD points of proof
Identity
Used/ attempted to use
DOD
