Miscellaneous offences

Question 1

What elements must be proved under s12A(1) - Supply equpment for offence?

Answer 1

For charges under section 12A(1) the Crown must prove three elements:

• 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.

Question 2

Equipment (definition)

Answer 2

The term “equipment” is not defined by statute, but will include the implements, apparatus and other hardware used in the manufacturing, producing or cultivating process.

Question 3

Material (definition)

Answer 3

anything used in the process of producing, manufacturing or cultivating that cannot be properly described as equipment.

Examples may include: chemicals (other than those classified as precursors); documents providing instructions on the manufacturing or cultivating process; or fertilisers, nutrients etc used in cultivation.

Question 4

Precursor substance (definition)

Answer 4

Precursor substance means any substance specified or described in Part 1 or Part 2 [[or Part 3]] of Schedule 4

a substance that is the starting point in a chemical process that will result in the creation of a new drug.

Question 5

What elements must be proved for s12A(2) - possession of equipment?

Answer 5

For charges under section 12A(2) the Crown must prove three elements:

• that the defendant has equipment, material 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.

Question 6

Elements of Sultivating Prohibited Plant s9 and Defence

Answer 6

• No person shall
• Cultivate
• Any prohibited plan

It shall be a defence to a charge under subsection (1) of this section if the person charged proves that the prohibited plant to which the charge relates was of the species Papaver somniferum, and that it was not intended to be a source of any controlled drug or that it was not being developed as a strain from which a controlled drug could be produced.

Question 7

Element of Allowing premise or vehicle to be used? S12

Answer 7

• 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 8

Outline specifics of the s16 MODA Obstruction offence

Answer 8

• 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.
• The offence of obstruction in the Misuse of Drugs Act relates specifically to obstructing anyone who is executing powers pursuant to the Misuse of Drugs Act 1975.
• It should be noted that the offence of obstruction in the Misuse of Drugs Act 1975 is different from the offence of obstruction in the Summary Offences Act 1981.