Progress Test 6 DDP

Question 1

1. Which drug offences are deemed to be category three offences?

Answer 1

Offences against s6 of the Misuse of Drugs Act 1975 are category three offences. These include:
− importing or exporting
− producing or manufacturing
− supplying or administering, or offering to supply or administer
− selling or offering to sell (Class C only)
− possessing for any of the above purposes any controlled drug.

Question 2

2. When can a defendant charged with a drug offence elect trial by jury?

Answer 2

If the offence is a category three offence (punishable by imprisonment of two years or more) the defendant will have the right to elect trial by jury.

Question 3

3. What are the general time limits for filing charges regarding drug offences?

Answer 3

The general rule regarding offences against the Misuse of Drugs Act 1975 or Regulations is that you must file charging documents within four years of the offence being committed (section 28(b))
Section 28(a) allows you to file charging documents at any time for offences of:
− dealing (s6)
− cultivating (s9)
− aiding offences against corresponding law in another country (s10).

Question 4

4. List the criteria that must be satisfied for an Analyst’s Certificate to be admissible at court.

Answer 4

For the evidence in the certificate to be admissible, certain procedures must be strictly followed. These procedures ensure that:
− the chain of evidence is unbroken
− the material to be analysed is not tampered with or contaminated
− the defence is aware of the analysis and the results and is given reasonable time to prepare a defence.

Question 5

5. Name two common examples of instruments of crime in drug dealing cases.

Answer 5

Two common examples of instruments of crime in drug dealing cases are:
− a house used to manufacture methamphetamine;
− a motor vehicle used to deliver drugs.