Miscellaneous Offences Flashcards
Conspiring to Deal with Controlled Drugs
Section, Penalty, Elements
S6(2A) MODA 75
14, 10, 7 Years Imp
Every person who conspires with any other person to commit an offence against subsection 1 of this section commits an offence against this act and is liable on conviction to imprisonment for a term:
(a) Not exceeding 14 years where a class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed
(b) Not exceeding 10 years where paragraph (a) does not apply but a class B controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed
(c) Not exceeding 7 years in any other case
Supplies Equipment/Precursors
Section, Penalty, Elements
S12A(1) MODA 75
7 years imp
Every person commits an offence against this act who supplies produces or manufactures
(a) Any equipment 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
Knowledge
Knowledge means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false
Simester and Brookbanks
Supplies Equipment/Precursors
Crown must prove
- That the defendant has supplied, produced or manufactured equipment, material or precursors
- That those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants
- That the defendant knows those items are to be used for such an offence by another person
Possession of Equipment/Precursors
Section, Penalty, Elements
S12A(2) MODA 75
5 years imp
Every person commits an offence against this act who has in his or her possession
(a) Any equipment 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
Possession of Equipment/Precursors
Crown must prove
- That the defendant has equipment, materials or precursors in his possession
- That those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants
- That the defendant has the intention that those items are to be used for such an offence, either by himself or another person
Cultivating Prohibited Plants
Section, Penalty, Elements
S9(1) MODA 75
7 Years Imp
Except pursuant to a license under this act, or as otherwise permitted by regulations under this act, no person shall cultivate any prohibited plant
Allowing Premises or Vehicles to be Used
Section, Penalty, Elements
S12(1) MODA 75
10, 7, 3 Years Imp
Every person commits an offence against this act who knowingly permits any premises (or any vessel, aircraft, hovercraft, motor vehicle, or other mode of conveyance) to be used for the purpose of the commission of an offence against this act
Obstruction of Officers
Section, Elements
S16 MODA 75
Every person commits an offence against this act who wilfully obstructs, hinders, resists or deceives any other person in the execution of any powers conferred on that other person by or pursuant to this act
Can obstruct ANYONE
Different to Summary Offences Obstruction
Possessing Prescription Medicines
Section, Elements
S43(1) Medicines Act 1981
No person shall, without reasonable excuse, import, procure, receive, store, use or otherwise have in his possession, any prescription medicine
Offences relating to Use or Disposal of Needles and Syringes
Section, Elements
S11(1) Health Regulations 1998
Every person commits an offence who-
(a) Offers to any person for use by that other person a used needle or syringe or
(b) Accepts for use a used needle or used syringe or
(c) Disposes of a needle or syringe in a public place
Offences relating to Sale of Needles and Syringes
Section, Elements
S12(1) Health Regulations 1998
Every person commits an offence who, not being a pharmacist, pharmacy employee, an approved medical practitioner, or an authorised representative, sells or supplies or attempts to sell or supply a needle or syringe to any other person who
(a) is not a pharmacist, pharmacy employee, an approved medical practitioner, or an authorised representative or
(b) is a pharmacist or pharmacy employee who is prohibited under regulation 3(2) from selling new needles and new syringes
