Drugs - Offences

Question 1

Possession OR Use of Controlled Drugs is under what Act and which Section?

Answer 1

Misuse of Drugs Act 1975
Section 7(1)(a) and 7(2)(a)
or 7(2)(b)

Question 2

The elements of Possession OR Use of Controlled Drugs are?

Answer 2

Procure
OR
Possess
OR
Consume
OR
Smoke
OR
Otherwise use

Any controlled drug

Question 3

What 3 things do you need to prove for a Prima Facie case (at first glance)?

Answer 3

Possession
That the person was in possession of the controlled drug; able to exercise some form of control over it

Knowledge
That they knew what the controlled drug was or that it was a controlled drug of some type, and that it was in their possession

Usable quantity
That the amount of the drug was enough to be usable

Question 4

What questions should you ask to PROVE knowledge from the offender?

Answer 4

Examples include (but not limited to);
What is it?
Whose is it?
Why have you got it?
What do you do with it?

Question 5

Cultivation of Prohibited Plants is covered by what Act and Section(s)?

Answer 5

Misuse of Drugs Act 1975
Section 9(1) and 9(2)

Question 6

What are the elements of Cultivation of Prohibited Plants?

Answer 6

Cultivates

A Prohibited Plant

Question 7

What is the definition of a Prohibited Plant?

Answer 7

Any prohibited plant listed in Section 2 of the Misuse of Drugs Act 1975

Question 8

How can Police prove cultivating?

Answer 8

The offender must have completed an act that promoted he growth of a plant AND must have known the plant was prohibited.

Police will have to question the offender about the nature of the plant being cultivated, frequency of tender, watering, application of fertiliser and where it was obtained.

Question 9

Permits Use of Premises
OR
Permits Use of Vehicle
Is covered by what Act and Section(s)?

Answer 9

Misuse of Drugs Act 1975
Section 12(1) and 12(2)(a)
or
12(2)(b) or 12(2)(b)
or
12(2)(c)

Question 10

What are the elements of Permits Use of Premises
OR
Permits Use of Vehicle?

Answer 10

Knowingly permits

Any premises
OR
Motor Vehicle 
OR
Other mode of conveyance 

To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975

Question 11

What must you prove offender knew if using Permits use of premises or Permits use of vehicles as a charge?

Answer 11

That he allowed the other person to use the vehicle or premises knowingly.

Question 12

Possession of Instruments is under what act and what section?
What is the penalty for this offence?

Answer 12

Misuse of Drugs Act 1975
Section 13(1)(a) and 13(3) - any pipe Or any utensil

Section 13(1)(aa) and 13(3) - any syringe Or any needle

One year imprisonment and $500 fine

Question 13

When dealing with Possession of Instruments and if they are capable of use, what is important to remember?

Answer 13

You need to prove that the utensil was in fact capable of use, that means, that it was not broken ornamental and that the suspect was currently using it or intending to do so in the future and not keeping it as an ornament.

Question 14

Is there any defence for position of a needle?

Answer 14

Yes. If it is proved that the needle was obtained from authorise outlet.

Question 15

If you find someone in possession of prescription medicine, that can only be obtained on prescription, what Act is that covered under?

Answer 15

Medicines Act 1981

Question 16

What Act and Section is covered by Possession of equipment, material and substances?

Answer 16

Misuse of Drugs Act 1975
Section 12A(2)(a)
OR
12A(2)(b) and 12A(3)(b) or 12A(4)(a)

Question 17

What are the elements of Possession of equipment, material, substances?

Answer 17

Has in his possession

Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant

OR

Any precursor substance

With intent to use it for producing/manufacturing/cultivating a controlled drug