Important to know

Question 1

Statutory Presumption

Answer 1

Under s6(6) people in possession of Controlled drugs over certain specified amounts considered to have possession of those drugs for the purpose of supply, unless they can prove otherwise.

Question 2

Proving intent in drug cases

Answer 2

Intent to supply may be inferred from:
- admissions
- circumstantial evidence (packaging, scales, tick list, etc
- the statutory presumption under 6(6)

Question 3

Mistake as to the nature of controlled drug

Answer 3

It would not be a defence to a charge of supplying heroin if the defendant believed the drug he had supplied was in fact cocaine.

Question 4

Cannabis preparations

Answer 4

Is produced by subjecting cannabis plant to some kind of processing that renders it unrecognisable as plant material.

Question 5

Proving offering

Answer 5

1. The communication of an offer to supply or administer a controlled drug (the actua reus).
2. An intention that the person believes at offer to be genuine (mens rea).

Question 6

The offence of offering to supply a controlled drug

Answer 6

• offers to supply a drug that he has on hand.
• offers to supply a drug that will be procured at a future date.
• offers to supply a drug that he mistakenly believes he can supply.
• offers to supply a drug deceitfully, knowing he will not supply that drug.

Question 7

Possession in drugs cases

Answer 7

Necessary for the Crown to prove that the defendant had:
- knowledge that the drug exists
- knowledge that it was a controlled drug
- some degree of control over it
- an intention to possess it