Miscellaneous Offences

Question 1

Conspiring to Deal with Controlled Drugs

Section, Penalty, Elements

Answer 1

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

Question 2

Supplies Equipment/Precursors

Section, Penalty, Elements

Answer 2

S12A(1) MODA 75 - 7 years imp

Every person 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

Question 3

Knowledge

Answer 3

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

Simester and Brookbanks

Question 4

Supplies Equipment/Precursors

Crown must prove

Answer 4

1. That the defendant has supplied, produced or manufactured equipment, material or precursors
2. That those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants
3. That the defendant knows those items are to be used for such an offence by another person

Question 5

Possession of Equipment/Precursors

Section, Penalty, Elements

Answer 5

S12A(2) MODA 75 - 5 years imp

Every person 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

Question 6

Possession of Equipment/Precursors

Crown must prove

Answer 6

1. That the defendant has equipment, materials or precursors in his possession
2. That those items are capable of being used in the production or manufacture of controlled drugs or the cultivation of prohibited plants
3. That the defendant has the intention that those items are to be used for such an offence, either by himself or another person

Question 7

Cultivating Prohibited Plants

Section, Penalty, Elements

Answer 7

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

Question 8

Allowing Premises or Vehicles to be Used

Section, Penalty, Elements

Answer 8

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

Question 9

Obstruction of Officers

Section, Elements

Answer 9

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

Question 10

Possessing Prescription Medicines

Section, Elements

Answer 10

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

Question 11

Offences relating to Use or Disposal of Needles and Syringes

Section, Elements

Answer 11

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

Question 12

Offences relating to Sale of Needles and Syringes

Section, Elements

Answer 12

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