Questions Flashcards
What difference does age make to the offences involving class C controlled drugs
- under 18yrs illegal to supply or administer or offer to supply or administer a Class C controlled drug to them
- over 18yrs the only offences are to sell or offer to sell them a Class C controlled drug
Mike has been charged with possession of 5grams of meth. List 4 things you have to prove in relation to Mikes possession of the drug
Knowledge the drug exists
Knowledge that it is a controlled drug
Intention to possess it
Actual physical control or some form of degree of control over it
What are the 2 elements that the prosecution has to prove in relation to the offence of offering to supply
- The use of words that convey an offer
- Intention to make the other person believe the offer that has been made is real
Offender not need drugs or even intend to sell them to be guilty of the offence
What activities does the term supplying a drug cover
Distributing,
giving or
selling drugs
In relation to an offence against s9 of the MODA 75 what must you prove
The identity of the suspect and he/she cultivated a prohibited plant
What is the difference between the offence of obstruction contained in the Summary offences act and MODA?
Obstruction in the MODA Relates specifically to obstructing anyone who is executing powers under the MODA 75
Under section 9(4) there is a defence to a charge of cultivation of a prohibited plant. What is this defence?
Person charged proves the prohibited plant was of species Papaver Somniferum and not intended to be a source of any controlled drug nor that it was being developed as a strain from a controlled drug could be produced
Rose owns a rural property. Her son John lives with her. He uses the spare bedroom to grow cannabis that he supplies to the locals. Rose is aware of his illegal activity but doesn’t have any involvement in her some activity. What can rose be charged with
Charged under 12(1) she’s knowingly permitting her premises to be used by her son John to cultivate and supply cannabis an offence against the MODA 75
