Equipment / Precursors etc for Drug Dealing Offence

Question 1

Equipment, material, and substances used in production or cultivation of controlled drugs

Act/ Section/ Elements (1)

HIGHLIGHTED

Answer 1

MODA 1975, S12A(1)

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, or for, the commission of an offence against S6(1)(b) or S9; 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.

Question 2

Equipment, material, and substances used in production or cultivation of controlled drugs

Act/ Section/ Elements (2)

HIGHLIGHTED

Answer 2

MODA 1975, S12A(2)

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 S6(1)(b) or S9; or
b) Any precursor substances -

With the intention that the equipment, material, or substance is to be used in, or for, the commission of an offence against that provision.

Question 3

The Crown must prove tree things for supplying equipment (1)

HIGHLIGHTED

Answer 3

1. They supplied, produced or manufactured equipment, material or precursors
2. Those items were capable of being used to produce or manufacture controlled drugs, or to cultivate prohibited plants
3. Knew those items were to be used for such an offence by another person

Question 4

The Crown must prove three things for possession of equipment (2)

HIGHLIGHTED

Answer 4

1. They have equipment, material or precursors in their possession
2. Those items are capable of being used to produce or manufacture controlled drugs, or cultivate prohibited plants
3. They have the intention that those items are to be used for such an offence, by himself or another person

Question 5

Equipment - Definition

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Answer 5

Includes the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Question 6

Material - Definition

HIGHLGHTED

Answer 6

Anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.

Question 7

Precursor - Definition

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Answer 7

A substance that is the starting point in a chemical process that will result in the creation of a new drug. EG. Ephedrine is a precursor to methamphetamine.

Question 8

Simester and Brookbanks

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Answer 8

Knowing means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.