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Wing 339 Exam 2 > OF15 Drugs > Flashcards

OF15 Drugs Flashcards

1
Q

Warrantless drug searches

A

Section 20, 21 and 22 search and surveillance act 2012

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2
Q

Categories for offences

A
  1. Dealing
  2. Possession
  3. Cultivation
  4. Possession of instruments
  5. Permitting premises to be used
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3
Q

Dealing with controlled drugs
Section __ Misuse of drugs act 1975
ELEMENTS

A

Section 6
1. No person shall import/export/produce or manufacture

  1. Sell/supply or administer to any person
  2. Have in their possession with intent to supply or administer
  3. Any controlled drug
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4
Q

Presumption of possession for supply

A
  • 0.5g of coke/heroin
  • 5g morphine
  • 5g Meth
  • 5g MDMA
  • 100 joints
  • 28g cannabis plant
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5
Q

What else could be present to charge someone with possession for supply

A

Instruments, scales, packaging, large amounts of cash

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6
Q

Bail for Class A or B drugs

A

Can only be granted by high court

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7
Q

Bail for class C drugs

A

Distinction made between supplying to people over and under 18 years

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8
Q

Possession OR use of controlled drug
Section __ Misuse of drugs act 1975
ELEMENTS

A 
Section 7 - PPCSO
1. Procure - Purchase or obtain
OR
Possess - Knowingly has in possession/control/useable
OR
Consume - Ingest (eat or drink)
OR
Smoke - Inhale
OR 
Otherwise use - Use of drug in any manner
  1. Any controlled drug
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9
Q

Needed to prove prima facie?

A

Possession - in possession of, and able to exercise some form of control over it

Knowledge - That they knew what the controlled drug was or that it was a controlled drug of sort, and that it was in their possession

Useable quantity - The amount of drug was enough to be used

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10
Q

Cultivation of Prohibited Plants
Section __ Misuse of drugs act 1975
ELEMENTS

A

Section 9
1. Cultivates - to grow or germinate (includes sow/plant)

  1. A prohibited plant
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11
Q

To be charged with cultivation of prohibited plants offender must..?

A
  • Have completed the act and know the plant was prohibited
  • Be questioned about nature of plant being cultivated: watered, where fertiliser was purchased etc

Police must record, height and yield of plant because this info will be used in court

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12
Q

Permits use of premises or vehicle
Section __ Misuse of drugs act 1975
ELEMENTS

A

Section 12
1. Knowingly permits - Intentionally allows

  1. Any premises - Lang, building or structure inc surroundings
    OR
    Motor Vehicle - A contrivance equipped with wheels, tracks or revolving runners
    OR
    Other mode of conveyance - any other means of transport
  2. To be used for the purpose of the commission of an offence under the Misuse of drugs act 1975
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13
Q

Possession of instruments
Section __ Misuse of drugs act 1975
ELEMENTS

A

Section 13
1. Has in his possession

  1. Any pipe
    OR
    Any utensil
  2. For any purpose
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14
Q

How to you prove instrument was capable of being used?

A
  • not broken

- not an ornament, must have intention of use

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15
Q

Possession of equipment, material, substances
Section __ - Misuse of drugs act 1975
ELEMENTS

A

Section 12A
1. Has in his possession

  1. Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of prohibited plant
    OR
    Any precursor substance
  2. With intent to use it for producing/manufacturing/cultivating a controlled drug
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16
Q

Definition of possession

A
  • Complete physical control over the thing
  • Knowledge of its: existence, situation, qualities
  • The thing is received from a person who intends to confer possession of it
  • The thing is held with the intention to possess it exclusively from others
17
Q

Section 22 S&S Act 2012

A

Warrantless search for controlled drug on PERSON in public place

18
Q

Section 20 S&S Act 2012

A

Warrantless entry and search for controlled drug in PLACES and VEHICLES.

RGTB that CADD will occur

19
Q

Section 21 S&S Act 2012

A

Warrantless search of people FOUND in places or vehicles

20
Q

Define “procure”

A

Purchase or obtain

21
Q

Define “Possess”

A

Knowingly has in their possession or control

22
Q

Define “Cultivate”

A

Grow or germinate

23
Q

Define “Syrnge”

A

Hollow tube with nozzle and piston used for sucking or injecting liquid

Wing 339 Exam 2 (10 decks)

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