Equipment / Precursors etc for Drug Dealing Offence Flashcards
Equipment, material, and substances used in production or cultivation of controlled drugs
Section 12A Misuse of Drugs Act 1975
(1) Every person commits an offence against this act who supplies, produces, or manufactures -
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) Any precursor substance -
Knowing that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.
(2) Every person commits an offence against this act who has in his or her possession -
(a) Any equipment or material that is capable of being used in, or for, the commission of an offence against section 6(1)(b) or section 9; or
(b) Any precursor substance -
With the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against those provisions.
(3) Every person who commits an offence against this section is liable on conviction -
(a) Offence against subsection 1 - imprisonment not exceeding 7 years
(b) Offence against subsection 2 - imprisonment not exceeding 5 years
12A(1) Misuse of Drugs Act 1975
Crown must prove three elements:
- Defendant has supplied, produced or manufactured equipment, material or precursor
- Items are capable of being used in production or manufacture of controlled drugs, or cultivation of prohibited plants
- Knowing the items are to be used for such an offence by the other person.
Often filed against businesses.
12A(2) Misuse of Drugs Act 1975
Crown must prove three elements:
- Defendant has equipment, material or precursor in his possession
- Items are capable of being used in production or manufacture of controlled drugs, or cultivation of prohibited plants
- Intention that the items are to be used for such an offence by the himself or other person.
Often filed against meth cooks and cultivators.
