Misc Questions on Offences

Question 1

Mens rea of Importing

Answer 1

Proof that the defendant:

• Knew about the importation, and
• Knew the imported substance was a controlled drug, and
• Intended to cause the importation

Question 2

When is the offence of manufacturing/producing complete?

Answer 2

Once the prohibited substance is created, whether or not it is in a usable form.

Question 3

Prosecution must prove two elements of offering to supply/administer, which are?

Answer 3

• The communicating of an offer to supply or administer a controlled drug (actus reus)
• An intention that the other person beleives the offer to be genuine (mens rea)

R v During

Question 4

Knowledge in possession (3 Points)

Answer 4

• The Defendant must be aware that they possess the substance
• The Defendant identifies the substance as a controlled drug, even if there is no substance to be analysed to prove their assertion
• Physical custody presumes knowledge, unless otherwise proven (R v Strawbridge)

Question 5

Knowledge and Intent in Possession (3 Points)

Answer 5

• Know they have the substance
• Know the substance’s nature or qualities
• Intend to use the substance in a way that allows you to charge them with possession.

Question 6

Circumstantial evidence from which offenders intent may be inferred

Answer 6

• The offenders actions and words before, during and after the event.
• The surrounding circumstances.
• The nature of the act itself.

Question 7

Proving intent in drug cases

Answer 7

• Defendant admissions
• Circumstantial evidence (packaging, scales, cash, tick lists, etc,)
• The statutory presumption under section 6 (6)