Liability Scenarios Flashcards
John gave his mate an analogue of meth - is he guilty of supplying class A or class C or something else.
Supplying Class C Controlled Drug, Sec 6(1)(e)
Jenna met a new boyfriend overseas who later gave her a new suitcase with drugs inside, but she did not bother to check it before went through customs - is she guilty of importation (related to wilful blindness).
Yes. R v Martin: Proof that the Defendant deliberately turned a blind eye to the facts will suffice
Jill and John are in a rock solid relationship held together by their constant drug taking. One night John comes home and offers Jill some meth that he has with him. Jill willing accepts the meth and they spend the next hour getting fried. Identify the Act and most appropriate section (offence) for this scenario. List the elements of the offence to be proven and briefly discuss how they relate to the scenario.
Supplying a Class A Controlled Drug
(Drug Dealing- Dealing with a Controlled Drug)
Section 6 (1) (c), Misuse of Drugs Act 1975.
* Supplies
* Any Class A Controlled Drug
* To any person
EXAMPLE:
Supplies
John has supplied meth to Jill. Supply includes to distribute, give, and sell. (s2 - Interpretation) Supply in this instance is that the product is offered to and accepted by Jill. It can be inferred by the circumstances that the meth was given to Jill.
Any Class A Controlled Drug,
Methamphetamine is a class A controlled Drug as specified in schedule 1 of the Misuse of Drugs Act 1975.
To any person
Jill is a person other than John
Wayno, a local mob member needs to come up with some quick money to pay off a drug debt of $3,000. He hits up his mate J Dog and they come up with a plan to rob the local dairy. J Dog takes some methamphetamine to provide him some courage and take the edge off his nerves. They get their gear, jump in the car and head towards the dairy. On the way they see one of the prospect boys wagging school. Wayno tells J Dog to stop the car and he gives the boy two tinnies. Wayno says “ here boy, for the weekend”. Wayno does not realise the boy is 16. Wayno and J Dog drive off. J dog is so fried he crashes the car into a tree and they never make it to the dairy.
Section 6(1)(d) Misuse of Drugs Act 1975
* Supply
* Class C controlled drug
* to a person under 18 years of age
Jason is short of cash, so he decides to put his university chemistry degree to work. He gathers precursor chemicals such as toluene, iodine, red phosphorous and hydrochloric acid together, and commits a burglary at his local pharmacy to obtain pseudoephedrine. Jason uses lab equipment in his garage to process the precursor chemicals into the appropriate form, then puts them together in a Parr bomb to allow a chemical reaction to take place. At the end of the successful process Jason has a large amount of methamphetamine in the Parr bomb.
Section 6(1)(b) Misuse of Drugs Act 1975
* Manufactures
* any controlled drug
Rachel rents a storage unit at Kapiti Self Storage. In her storage unit she has a large quantity of ecstasy tablets. Rachel has been trying to sell the tablets in bulk to various associates, but as yet she has been unable to find someone willing to pay the price she wants.
Section 6(1)(c) Misuse of Drugs Act 1975
* Offer to supply
* Class B controlled drug
* to any other person
or
Section 6(1)(f) Misuse of Drugs Act 1975
* Have in his possession
* any controlled drug
* for any of the purposes set out in paragraphs (c), (d), or (e) of section 6(1) MODA75.
Mike, who is 40 years old, is at a party. He sees Dave, who he went to school with. Mike and Dave start chatting. During their conversation Mike tells Dave about some awesome weed that he smoked recently. Mike tells Dave that he can get some more without any problem. Mike says that the price would be the normal $20 for a tinnie, and asks Dave if he’d like him to get him some. Dave says he’s not interested.
Section 6(1)(e) Misuse of Drugs Act 1975
* Offer to sell
* any Class C controlled drug
* to a person of or over 18 years of age
Rose owns a rural property. John, her son, resides with her. John uses the spare bedroom to grow cannabis, which he then supplies to the locals. Rose is aware of John’s illegal activities but does not have any involvement in his activities whatsoever. What can Rose be charged with?
