Progress Tests Flashcards
What activities does the term “supplying a drug” cover?
Distributing, giving, selling.
What are the two elements that the prosecution has to prove in relation to the offence of offering to supply?
- the communication of an offer.
- the intention to make the other person believe the offer that has been made is real.
What difference does age make to the offences involving class C controlled drugs?
When the receiver is under 18 years of age, it is illegal to supply or administer or offer to supply or administer a class C drug, while if over 18 years of age the only offences are to sell or offer to sell a class C drug.
Mike has been charged with possession of 5g of meth, list the four things prosecution had to prove in relation to Mikes possession of that drug.
The crown must prove:
- knowledge that the drug exists.
- knowledge that it is a controlled drug.
- actual physical control or some degree of control over it.
- an intention to possess it.
In relation to an offence against the S9 of MODA what must you prove?
- the identity of the suspect.
- that they cultivated a prohibited plant.
What is the difference between an offence of obstruction contained in SOA 1981 and MODA 1975?
The offence of obstruction in MODA relates specifically to obstructing anyone who is executing powers under MODA 1975.
Under section 9(4) there is a defence to the charge of cultivation of a prohibited plant. What is this defence?
If the person charged proves that the plant is the species Papaver Somniferum and that it was not intended to be a source of any controlled drug.
Rose owns a rural property, her son John lives with her. John uses the spare room to grow cannabis which he supplies to the locals. Rose is aware of johns drug offence. What can rose be charged with?
She can be charged under S12(1) as she is knowingly permitting her premises to be used for the commission of an offence against MODA 1975.
Describe the two different types of controlled deliveries?
- clean controlled delivery, where the drugs are removed. Eliminates the risk of the drugs being lost.
- controlled delivery’s with an amount of the drug within them, allows the use of emergency powers should the drugs move to places not covered by search warrants.
Name the two main types of tracking devices.
- GPS (track the location of a thing)
- Beacon (whether a thing has been opened or handled)
You are part of a controlled delivery investigation that has installed a tracking device without a SDW. What is the time period it should be removed or a SDW obtained?
48 hours.
You have arrested a local meth manufacturer who is in possession of 30kg of pseudoephdrine. What schedule would you find that drug?
Schedule 3 (changed from 2 to 3 in 2024)
Precursor drugs are listed in what schedule?
Schedule 4
You are part of a controlled delivery investigation, the targets have left with the consignment in the boot of a vehicle. It is not practical to obtain a SW for the vehicle. What powers can you use to stop the vehicle.
Section 121 of S&S act to stop the vehicle.
Section 81 to search the vehicle in relation to evidential material relating to the controlled delivery.
What is the definition of private communication?
Means communication made under circumstances that may be reasonably be taken to indicate that any party to the communication desires it to be confined to those parties.
Does not include any communication occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other party without consent.
