Module 13 - DRUGS Flashcards
What are the elements for the offence of Possession of Liquor by Minors under Section 11(1) of the Summary Offences Act 1988 (NSW)?
• Under 18
• Did possess or consume liquor
• Public place
• No supervision of a responsible adult
• No reasonable excuse for possessing or consuming the liquor
What is admixture under the Drug Misuse and Trafficking Act 1985 (NSW), Section 4?
It refers to any substance that is mixed in with the drug
What is the definition of liquor as per Liquor Act 2007, Section 4
a. Any other substance prescribed by the regulations as liquor
b. Non-alcoholic but for the purpose of sale is beer or spirit
c. Drink, at 20 celsius, contains more than 1.15% ethanol by volume
Elements for the offence of Self Administer Prohibited Drug under the Drug Misuse and Trafficking Act 1985, Section 12 are?
a. The Accused
b. Administered to his/herself a prohibited drug
What is exclusive (sole) possession?
Only available to one person even if not physically on them
What is the definition of a cannabis plant under the Drug Misuse and Trafficking Act 1985, Section 3?
Any growing plant of the genus Cannabis
How is possession proved when related to drugs?
• Actus Reus
• Mens rea
• Must be proven
What is the definition of manufacture under the Drug Misuse and Trafficking Act 1985, Section 3?
a. Process of extracting of refining a prohibited drug
What is the definition of manufacture under the Drug Misuse and Trafficking Act 1985, Section 3?
Process of extracting of refining a prohibited drug
Are slang terms in court documents related with street culture, youth culture or drug culture acceptable?
No
What is a joint possession?
Possession is for a common purpose
What is a de-facto possession?
Place of drug where another person may find it accidentally
Why do you think hypodermic needles and syringes are not illegal?
Part of Needle Exchange Program & Harm Minimisation Policy
When is liquor not to be disposed of at the time of seizure under Summary Offences Regulation 2015, Clause 5(2)?
When quantity and value make the disposal unreasonable and undesirable
When may seized liquor be disposed of under the Summary Offences Regulation 2015, Clause 5(1)?
a. Time seized, unsealed or part of the contents has been removed and it is, or likely soon to become, unfit for human consumption
